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NEW 


CODE  OF  ORDINANCES 


THE  CITY  or  NEW  TOM 

M 


THE  SANITARY  CODE,  THE  BUILDING 
CODE  AND  PARK  REGULATIONS 


ADOPTED  MARCH  30,  1915 


COMPILED  AND  ANNOTATED 
BY 

ARTHUR  F.  COSBY 

FORMERLY  ASSISTANT  CORPORATION  COUNSEL 


THE  BANKS  LAW  PUBLISHING  COMPANY 
23  Park  Place,  New  York 
1915 


COPYRIGHT,  1907, 


BY 

THE  BANKS  LAW  PUBLISHING  COMPANY. 


COPYRIGHT,  1908, 

BY 

THE  BANKS  LAW  PUBLISHING  COMPANY. 


COPYRIGHT,  1909, 

BY 

THE  BANKS  LAW  PUBLISHING  COMPANY. 


COPYRIGHT,  1910. 

BY 

THE  BANKS  LAW  PUBLISHING  COMPANY. 


COPYRIGHT,  1911, 

BY 

THE  BANKS  LAW  PUBLISHING  COMPANY. 


COPYRIGHT,  1912, 

BY 

THE  BANKS  LAW  PUBLISHING  COMPANY. 


COPYRIGHT,  1913, 


THE  BANKS  LAW  PUBLISHING  COMPANY 


COPYRIGHT,  1914, 

BY 

THE  BANKS  LAW  PUBLISHING  COMPANY. 


COPYRIGHT,  1915, 


THE  BANKS  LAW  PUBLISHING  COMPANY. 


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PREFACE 


This  Code  was  prepared  pursuant  to  section  57  of  the  Charter 
which  provides  that  the  general  ordinances  shall  be  reduced  to  a 
code  and  published  annually.  No  such  compilation,  however,  has 
been  made  since  1906,  and  the  present  work  is  much  more  than  a 
mere  compilation  of  existing  ordinances. 

This  new  Code  is  a vast  improvement  over  its  predecessors  and 
presents  some  radical  changes.  It  has  been  prepared  after  a year’s 
careful  study  by  the  Codification  Committee  of  the  Board  of  Aider- 
men  who  deserve  much  credit  for  their  work.  There  are  new  sec- 
tions taken  briefly  from  the  Charter;  obsolete  and  conflicting  sections, 
as  well  as  local  ordinances,  have  been  omitted;  the  numbering  is 
new;  and  the  arrangement  is  new. 

This  new  arragnement  is  the  distinguishing  feature  of  this  Code: 
its  provisions  are  grouped  into  chapters  arranged  subjectively,  as 
convenience  demands.  It  was  well  said  that  the  old  Code  was  an 
“enigma  to  lawyers  and  laymen  alike.”  Under  the  new  Code  there 
are  also  individual  chapter  headings  which  are  a great  aid  in  finding 
any  desired  provision. 

The  Sanitary  Code  is  included  in  this  volume.  Amendments  to 
it  are  required  by  ch.  628,  L.  1904  to  be  filed  with  the  City  Clerk  to 
become  effective,  and  may  be  readily  found. 

- The  index  follows  the  new  plan  of  treating  matters  subjectively. 
^ In  a volume  of  this  size,  it  is  not  possible  to  itemize  in  the  index  all 
• ^ the  small  and  often  comparatively  unimportant  subjects,  especially 
in  certain  chapters  such  as  explosives.  By  reducing  the  size  of  the 
^ index,  it  is  now  possible  to  find  quickly  the  main  subject  heads,  and 
^ it  is  believed  that  a little  diligence  will  reward  anyone  looking  for  a 
special  provision. 

Attention  is  called  to  the  page  of  cross-references  where  a list  is 
^ given  of  many  subjects  which  are  not  ordinances  proper  although 
^ many  persons  look  for  them  in  the  Code. 

The  author  welcomes  criticisms  and  suggestions. 

ARTHUR  F.  COSBY. 


New  York,  April,  1915. 


•/ 


) t M V u 


■ , r ,' 


CODE  OF  ORDINANCES  OF  THE  CITY 
OF  NEW  YORK 

CONTENTS 

CHAPTER  1 


GENERAL  PROVISIONS  SECTIONS  PAGES 

Article  1.  Definitions 1-23  8-9 

2.  Miscellaneous  regulations 5-12  9-11 

CHAPTER  2 

ADMINISTRATIVE  PROVISIONS 

Article  1.  City  debt  and  sinking  funds 1-9  12-15 

2.  Contracts 60-79  16-20 

3.  Real  estate 100-105  21-22 

4.  The  mayor 130  22 

5.  The  president  of  the  board  of  aider- 

men  150  22 

6.  The  comptroller 170-171  23 

7.  The  borough  presidents 200-204  23-24 

8.  Corporation  counsel 220-222  24 

9.  City  marshals 230-232  24-25 

10.  City  surveyors 240-244  25-27 

11.  Public  administrator 250-252  27 

12.  Public  employment  bureau 260-262  28 

13.  Taxes  and  assessments 265-266  28 

14.  Miscellaneous  regulations 270  29 

CHAPTER  3 

AMUSEMENTS  AND  EXHIBITIONS 

Article  1.  General  provisions 1-13  30-35 

2.  Motion-picture  exhibitions 30-44  36-41 

3.  Common  shows 60-62  41 

CHAPTER  4 

BRIDGES 

Article  1.  General  provisions 1-2  42-44 

CHAPTER  5 

BUILDING  CODE 

Article  1.  General  provisions 1-6  46-49 

2.  Materials 20-27  50-51 


V 


VI 


CONTENTS 


SECTIONS  PAGES 

3.  Strength  of  materials 50-57  51-58 

4.  Classification  of  buildings 70  58 

5.  Restricted  areas 90-96  58-65 

6.  Height,  size  and  arrangement 110  65 

7.  Light  and  ventilation 130  65 

8.  Exit  facilities 150-lM  65-67 

9.  Projections  beyond  building  line  . . . . 170  67 

10.  Safeguards  during  construction 190-194  67-68 

11.  Partition  fences  and  walls 210-215  69-70 

12.  Excavations  and  foundations 230-237  71-74 

13.  Masonry  walls 250-268  75-83 

14.  Wood  construction 280-283  83-85 

15.  Iron  or  steel  construction 300-313  85-90 

16.  Reinforced  concrete  construction ....  330  91 

17.  Fireproof  construction 350-352  91-94 

18.  Firewalls  and  shafts 370-375  95-97 

19.  Chimneys,  flues  and  heating  appli- 

ances   390-401  98-103 

20.  Construction  above  roof 420-426  103-105 

21.  Construction  generally 440-451  105-108 

22.  Frame  construction 470-472  108-112 

23.  Buildings  of  a public  character 490-493  112-113 

24.  Motion  picture  theatres 500-506  113-116 

25.  Theatres  and  other  places  of  amuse- 

ment  520-538  117-125 

26.  Miscellaneous  structures 550-552  125-126 

27.  Elevators 560-563  126 

28.  Fire  extinguishing  appliances 580-585  127-128 

29.  Plumbing  and  other  systems  of  piping . 600-604  128-129 

30.  Altering,  changing  or  demolishing 

buildings 620-624  130-131 

31.  Unsafe  buildings  and  collapsed  struc- 

tures  630-639  131-135 

32.  Enforcement  of  chapter 650-654  136-141 

CHAPTER  6 

CHARITIES 

Article  1.  Inmates  of  public  institutions 1-4  142 

CHAPTER  7 

CORRECTIONS 

Article  1.  Inmates  of  correctional  institutions. . 1-7  144-146 

CHAPTER  8 

DOCKS,  FERRIES  AND  HARBOR  CONTROL 

Article  1.  General  provisions 1 147 

2.  Apportionment  of  wharf  property  . . 10-18  147-150 

3.  Buildings  and  structures  on  water- 

front property 30-35  150-152 

4.  Maintenance  of  wharf  property  ....  50-57  153-155 


CONTENTS 


Vll 


SECTIONS  PAGES 


5.  Discharge  and  storage  of  cargoes  . . . 60-64  155-156 

6.  Wharfage  rates 80-91  157-158 

7.  Ferries 100  159 

8.  Protection  of  navigation 120-124  159-160 


CHAPTER  9 

ELECTRICAL  CONTROL 

(See  page  160.) 

CHAPTER  10 

EXPLOSIVES  AND  HAZARDOUS  TRADES 

Regulations  of  the  Municipal  Explosives  Commission 


Article  1.  General  provisions 1-9  162-166 

2.  Certificates  and  permits 20-27  166-168 

3.  Bonds  and  fees 40-44  168-171 

4.  Manufacture,  storage,  sale,  transpor- 

tation and  use  of  explosives ....  60-69  172-179 

5.  Ammunition 80-81  179-180 

6.  Fireworks 90-95  181-184 

7.  Matches 100-103  185-186 

8.  Mineral  oils 110-117  186-189 

9.  Inflammable  mixtures 130-132  189-192 

10.  Combustible  mixtures 140-142  192-193 

11  Garages 150-159  193-196 

12.  Motor  vehicle  repair  shops 170-171  196 

13.  Dry  cleaning  and  dry  dyeing  estab- 

lishments   175-179  197-198 

14.  Sponging 190-191  198 

15.  Paints,  varnishes  and  lacquers 200-201  199 

- 16.  Calcium  carbide 205-207  199-200 

17.  Gases  under  pressure 210-213  200-202 

18.  Refrigerating  plants 202 

19.  Nitro-cellulose 230-234  202-204 

20.  Inflammable  motion-picture  films.  . . 240-245  204-205 

21.  Distilled  liquors  and  alcohols 250-252  205-206 

22.  Oils  and  fats 255-256  206 

23.  Technical  establishments 260-262  206 

24.  Wholesale  drug  stores  and  drug  and 

chemical  houses 270-279  207 

25.  Retail  dmg  stores 290-293  212 

. 26.  Miscellaneous 300  215 

CHAPTER  11 

FIREARMS  • 

General  provisions 1-5  216-218 

CHAPTER  12 

FIRES  AND  FIRE  PREVENTION 

Article  1.  Fire  extinction 1-7  219-221 

2.  Fire  prevention 20-30  222-224 


Vlll 


CONTENTS 


CHAPTER  13 

HOSPITALS  SECTIONS  PAGES 

Article  1.  General  provisions 1-4  226 

CHAPTER  14 

LICENSES 

Article  1.  General  provisions 1-7  227-230 

2.  Billiard  and  pool  tables 20-21  230 

3.  Bowling  alleys 30-31  230 

4.  Dealers  in  second-hand  articles 40-44  231 

5.  Dirt  carts 50-51  232 

6.  Express  and  expressman 60-64  232-233 

7.  Exterior  hoists 70-71  233 

8.  Hacks,  cabs  and  taxicabs 80-109  234r-243 

9.  Junk  dealers 120-125  244-245 

10.  Peddlers,  hawkers  and  venders 130-132  246 

11.  Public  carts  and  cartmen 140-144  246-248 

12.  Public  porters 150-156  249-250 

13.  Shooting  galleries 160-161  250 

14.  Street  musicians 170-171  250-251 

15.  Weighers  of  hay  and  straw 180-183  251-252 

CHAPTER  15 

MARKETS 

Article  1.  General  provisions 1-6  253-354 

2.  Location  and  designation  of  public 

markets 20-33  254-257 

3.  Farmers  and  market  gardeners 50-52  257-258 

CHAPTER  16 

MUNICIPAL  CIVIL  SERVICE 

Article  1.  General  provisions 1-3  259-260 

2.  Special  provisions 10  260 

CHAPTER  17 

PARKS,  PARKWAYS  AND  PARK-STREETS 

{Regulations  of  the  Park  Board.) 

Article  1.  General  provisions 1-17  261-263 

2.  Traffic  regulations 30-42  264-266 

3.  Building  and  other  projections 60-62  267 

4.  Miscellaneous 70-72  269 

CHAPTER  18 

POLICE 

Article  1.  Boiler  inspection 1 270 

2.  Uniformed  force 270 


CONTENTS  ix 

CHAPTER  19 

RAILROADS  SECTIONS  PAGES 

Article  1.  Elevated  railroads 1-2  271 

2.  Street  railroads 10-12  272 

3.  Trunk  line  railroads 30-34  273-274 


CHAPTER  20 

SANITARY  CODE 

{Adopted  by  the  Board  of  Health.) 
See  infra. 

CHAPTER  21 

SEWERS  AND  DRAINS 


Article  1 . General  provisions 1 275 

2.  Construction 10-15  275-277 

3.  Maintenance 20-24  277-278 

CHAPTER  22 

STREET  CLEANING 

Article  1.  General  provisions 1 279 

2.  Refuse  and  rubbish 10-17  280-281 

3.  Snow  and  ice 20-24  281-284 

CHAPTER  23 

STREETS 

Article  1.  General  provisions 1-5  285-287 

2.  Advertisements,  placards  and  posters  10-12  287 

3.  Assemblies 20-23  288 

4.  Auctions  and  other  sales 30-31  288-289 

5.  Awnings 40-44  289-291 

6.  Boundaries  and  monuments 50-52  291-292 

7.  Construction  and  repair 60-65  292-293 

8.  Disturbance  of  surface 80-82  294 

9.  Excavations 90-98  295-298 

10.  House  numbering 110-112  298-299 

11.  Lights 120-122  299-300 

12.  Noises 130-136  300-301 

13.  Obstructions  and  incumbrances  ....  140-152  302-312 

14.  Projections  and  encroachments 160-170  313-321 

15.  Sidewalks 180-189  321-324 

16.  Signs  and  show-bills 210-223  325-328 

17.  Vaults 240-244  329-331 

18.  Miscellaneous 250-252  331-332 

CHAPTER  24 

TRAFFIC  REGULATIONS 

Article  1.  General  provisions 1 333 

2.  Rules  of  the  road 10-18  334-339 

3.  Miscellaneous  regulations 30-42  340-343 


X 


CONTENTS 


CHAPTER  25 

WATER  SUPPLY  SECTIONS  PAGES 

Article  1.  Construction  and  maintenance 1-8  344-345 

2.  Rents  and  charges 20-25  345-348 

3.  Use  of  water 40-44  348-349 

CHAPTER  26 

WEIGHTS  AND  MEASURES 

Article  1 . Bureau  of  weights  and  measures 1-4  350 

2.  Regulation  of  weights  and  measures . 10-22  351-354 

3.  Standards  for  various  commodities . . 30-35  354-355 

CHAPTER  27 

MISCELLANEOUS 1-10  356-359 

CHAPTER  28 

REPEAL 1-2  360 

General  notes 360-361 

SANITARY  CODE 

Article  1.  Definitions 1 366-368 

2.  Animals 2-20  369-372 

3.  Births,  marriages  and  deaths 31-45  373-376 

4.  Buildings 51-62  377-379 

5.  Cold  storage 71-75  380 

6.  Coroners 80-82  381-382 

7.  Diseases 86-103  383-387 

8.  Drugs  and  medicines 116-126  388-391 

9.  Food  and  drink 136-169  393-402 

10.  General  provisions 181-189  403-404 

11.  Midwifery  and  care  of  children 196-200  404-405 

12.  Miscellaneous  provisions 211-220  405-407 

13.  Offensive  materials 231-253  408-414 

14.  Plumbing,  drainage,  ventilation  and 

sewage 271-287  415-418 

15.  Passenger  cars 301-304  418-419 

16.  Street  conditions 311-316  419-420 

17.  Trades,  occupations  and  businesses  . 321-341  421-425 

18.  Vessels  and  seamen 351-362  426-429 


CODE  OF  ORDINANCES 

OF  THE 

CITY  OF  NEW  YORK 


AN  ORDINANCE  constituting  the  Code  of  Ordinances  of  the  City  of 
New  York 

Be  it  Ordained  by  the  Board  of  Aldermen  of  the  City  of  New  York  as 
follows: 

Sec.  1.  The  following  shall  constitute 

THE  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 
CHAPTER  1 

GENERAL  PROVISIONS 


Article  1.  Definitions. 

2.  Miscellaneous  regulations. 


CHAPTER  2 


Article  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 


ADMINISTRATIVE  PROVISIONS 

City  debt  and  sinking  funds. 

Contracts. 

Real  estate. 

The  mayor. 

The  president  of  the  board  of  aldermen. 
The  comptroller. 

The  borough  presidents. 

Corporation  Counsel. 

City  marshals. 

City  surveyors. 

Public  administrator. 

Public  employment  bureau. 

Taxes  and  assessments. 

Miscellaneous  regulations. 


1 


2 CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 

CHAPTER  3 

AMUSEMENTS  AND  EXHIBITIONS 

Article  1.  General  provisions. 

2.  Motion-picture  exhibitions. 

3.  Common  shows. 

CHAPTER  4 

BRIDGES 

Article  1.  General  provisions. 


Article  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 
21. 
22. 

23. 

24. 

25. 

26. 

27. 

28. 

29. 

30. 

31. 

32. 


CHAPTER  5 

BUILDING  CODE 

General  provisions. 

Materials. 

Strength  of  materials. 

Classification  of  buildings. 

Restricted  areas. 

Height,  size  and  arrangement. 

Light  and  ventilation. 

Exit  facilities. 

Projections  beyond  building  line. 

Safeguards  during  construction. 

Partition  fences  and  walls. 

Excavations  and  foundations. 

Masonry  walls. 

Wood  construction. 

Iron  or  steel  construction. 

Reinforced  concrete  construction. 

Fireproof  construction. 

Firewalls  and  shafts. 

Chimneys,  flues  and  heating  appliances. 
Construction  above  roof. 

Construction  generally. 

Frame  construction. 

Buildings  of  a public  character. 

Motion  picture  theatres. 

Theatres  and  other  places  of  amusement. 
Miscellaneous  structures. 

Elevators. 

Fire  extinguishing  appliances. 

Plumbing  and  other  systems  of  piping. 
Altering,  changing  or  demolishing  buildings. 
Unsafe  buildings  and  collapsed  structures. 
Enforcement  of  chapter. 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


3 


Article 


Article 


Article 


Article 


CHAPTER  6 

CHARITIES 

1.  Inmates  of  public  institutions. 


CHAPTER  7 

CORRECTIONS 

1.  Inmates  of  correctional  institutions. 


CHAPTER  8 

DOCKS,  FERRIES  AND  HARBOR  CONTROL 

1.  General  provisions. 

2.  Apportionment  of  wharf  property. 

3.  Buildings  and  structures  on  waterfront  property. 

4.  Maintenance  of  wharf  property. 

5.  Discharge  and  storage  of  cargoes. 

6.  Wharfage  rates. 

7.  Ferries. 

8.  Safeguarding  navigation. 


CHAPTER  9 

ELECTRICAL  CONTROL 


CHAPTER  10 

EXPLOSIVES  AND  HAZARDOUS  TRADES 

Regulations  of  the  M unicipal  Explosives  Commission 

1.  General  provisions. 

2.  Certificates  and  permits. 

3.  Bonds  and  fees. 

4.  Manufacture,  storage,  sale,  transportation  and  use  of 

explosives. 

5.  Ammunition. 

6.  Fireworks. 

7.  Matches. 

8.  Mineral  oils. 

9.  Inflammable  mixtures. 

10.  Combustible  mixtures. 

11.  Garages. 

12.  Motor  vehicle  repair  shops. 

13.  Dry  cleaning  and  dry  dyeing  establishments. 


4 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Article  14.  Sponging. 

15.  Paints,  varnishes  and  lacquers. 

16.  Calcium  carbide. 

17.  Gases  under  pressure. 

18.  Refrigerating  plants. 

19.  Nitro-cellulose. 

20.  Inflammable  motion-picture  films. 

21.  Distilled  liquors  and  alcohols. 

22.  Oils  and  fats. 

23.  Technical  establishments. 

24.  Wholesale  drug  stores  and  drug  and  chemical  houses. 

25.  Retail  drug  stores. 

26.  Miscellaneous, 


CHAPTER  11 

FIRE-ARMS 

General  provisions. 


CHAPTER  12 

FIRES  AND  FIRE  PREVENTION 

Article  1.  Fire  extinction. 

2.  Fire  prevention. 

CHAPTER  13 

HOSPITALS 

Article  1.  General  provisions. 

CHAPTER  14 


LICENSES 

Article  1.  General  provisions. 

2.  Billiard  and  pool  tables. 

3.  Bowling  alleys. 

4.  Dealers  in  second-hand  articles. 

5.  Dirt  carts. 

6.  Express  and  expressmen. 

7.  Exterior  hoists. 

8.  Hacks,  cabs  and  taxicabs. 

9.  Junk  dealers. 

10.  Peddlers,  hawkers  and  venders. 

11.  Public  carts  and  cartmen. 

12.  Public  porters. 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


5 


Article  13.  Shooting  galleries. 

14.  Street  musicians. 

15.  Weighers  of  hay  and  straw. 


CHAPTER  15 

MARKETS 

Article  1.  General  provisions. 

2.  Location  and  designation  of  public  markets. 

3.  Farmers  and  market  gardeners. 


CHAPTER  16 

MUNICIPAL  CIVIL  SERVICE 

Article  1.  General  provisions. 

2.  Special  provisions. 


CHAPTER  17 

PARKS,  PARKWAYS  AND  PARK-STREETS 

{Regulations  of  the  Park  Board) 

Article  1.  General  provisions. 

2.  Traffic  regulations. 

3.  Building  and  other  projections. 

4.  Miscellaneous. 


CHAPTER  18 

POLICE 


Article  1.  Boiler  inspection. 
2.  Uniformed  force. 


CHAPTER  19 

RAILROADS 

Article  1.  Elevated  railroads. 

2.  Street  railroads. 

3.  Trunk  line  railroads. 


CHAPTER  20 


SANITARY  CODE 


6 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


CHAPTER  21 

SEWERS  AND  DRAINS 

Article  1.  General  provisions. 

2.  Construction. 

3.  Maintenance. 

CHAPTER  22 

STREET  CLEANING 

Article  1.  General  provisions. 

2.  Refuse  and  rubbish. 

3.  Snow  and  ice. 

CHAPTER  23 

STREETS 

Article  1.  General  provisions. 

2.  Advertisements,  placards  and  posters, 

3.  Assemblies. 

4.  Auctions  and  other  sales. 

5.  Awnings. 

6.  Boundaries  and  monuments. 

7.  Construction  and  repair. 

8.  Disturbance  of  surface. 

9.  Excavations. 

10.  House  numbering. 

11.  Lights. 

12.  Noises. 

13.  Obstructions  and  incumbrances. 

14.  Projections  and  encroachments. 

15.  Sidewalks. 

16.  Signs  and  show-bills. 

17.  Vaults. 

18.  Miscellaneous. 

CHAPTER  24 

TRAFFIC  REGULATIONS 

Article  1.  General  provisions. 

2.  Rules  of  the  road. 

3.  Miscellaneous  regulations. 

CHAPTER  25 

WATER  SUPPLY 

Article  1.  Construction  and  maintenance. 

2.  Rents  and  charges. 

3.  Use  of  water. 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


7 


CHAPTER  26 

Weights  and  Measures 

Article  1.  Bureau  of  weights  and  measures. 

2.  Regulation  of  weights  and  measures. 

3.  Standards  for  various  commodities. 


CHAPTER  27 

Miscellaneous 

CHAPTER  28 

Repeal 


By  section  41  of  the  Greater  New  York  Charter  (L.  1897,  chap.  378),  all  ordi- 
nances of  the  local  boroughs  in  The  City  of  New  York,  when  not  inconsistent  with 
the  charter,  were  continued  in  force.  But  the  Board  of  Aldermen  was  given  full 
power  and  authority  to  pass  ordinances  governing  all  the  boroughs  by  sections  42, 
44,  49,  50  and  51,  and  to  modify,  amend  or  repeal  any  ordinances  of  the  local 
boroughs.  This  code  repeals  all  special  and  village  laws  heretofore  still  in  force  in 
the  Greater  New  York  and  makes  all  ordinances  general  throughout  the  city. 
These  general  powers  were  continued  by  the  revision  of  1901  (L.  1901,  chap.  466). 
The  revised  charter  (sec.  57)  requires  an  annual  compilation  by  the  Board  of  Al- 
dermen on  January  first  of  the  general  ordinances  in  force.  It  is  in  pursuance  of 
this  section  this  code  was  prepared. 


8 


CODE  OF  OEDINANCES  OF  THE  CITY  OF  NEW  YORK 


CHAPTER  1 
General  Provisions 

Article  1.  Definitions, 

2.  Miscellaneous  regulations. 

ARTICLE  1 

DEFINITIONS 

Sec.  1.  Definitions. 

§ 1.  Definitions. — Unless  otherwise  expressly  stated,  whenever 
used  in  this  ordinance  the  following  terms  shall  respectively  be 
deemed  to  mean: 

Alderman,  a member  of  the  board  of  aldermen; 

2.  Board  of  estimate,  the  board  of  estimate  and  apportionment; 

3.  Bureau,  hoard,  office,  commission,  department  or  commissioner, 
the  bureau,  board,  office,  commission,  department  or  commissioner 
to  which  or  to  whom  the  section,  article  or  chapter,  in  which  the 
term  is  used,  relates; 

4.  Charter,  the  Greater  New  York  Charter; 

5.  City,  the  city  of  New  York  as  constituted  by  the  charter; 

6.  Code  of  ordinances,  the  code  of  ordinances  of  the  city; 

7.  County,  a county  wholly  included  within  the  city; 

8.  Day,  a calendar  day  exclusive  of  Sundays  and  full  legal  holi- 
days; 

9.  Department,  includes  each  bureau  and  division  of  the  depart- 
ment; 

10.  Employee,  any  person  whose  salary  or  compensation  is  paid 
out  of  the  city  treasury,  other  than  an  officer  designated  as  such  by 
ordinance  or  statute; 

11.  Local  improvement,  an  improvement  the  expense  of  which  is 
assessed,  in  whole  or  in  part,  upon  the  property  deemed  benefited; 

12.  Park,  includes  parkway; 

13.  Person,  a natural  person,  corporation,  association,  joint-stock 
association,  firm  and  copartnership; 

14.  Port  of  New  York,  the  public  waters  embraced  within,  ad- 
jacent to  or  opposite  the  shores  of  the  city  and  over  which  the  state 
of  New  York  has  jurisdiction; 

15.  Public  property,  any  property  rights  and  interests  owned  by 
the  city  as  well  as  all  “streets,”  “parks,”  “water  front  property,” 
and  public  places  and  waters  within  or  belonging  to  the  city; 

16.  Real  property,  any  lands,  lands  under  water,  water  front 
property,  the  water  of  any  lake,  pond  or  stream;  all  easements  and 
hereditaments,  corporeal  or  incorporeal,  and  every  estate,  interest 
and  right,  legal  and  equitable,  in  lands  or  water,  and  any  right, 
interest,  privilege,  easement  and  franchise  relating  to  the  same, 
including  terms  for  years  and  liens  by  way  of  judgment,  mortgage 
or  otherwise; 

17.  Sewer,  a sewer,  drainage  canal,  drain  and  sewage  disposal 
work; 


GENERAL  PROVISIONS 


9 


18.  Streeiy  any  street,  avenue,  road,  alley,  lane,  highway,  boule- 
vard, concourse,  driveway,  culvert,  sidewalk  and  crosswalk,  every 
class  of  public  road,  square  and  place,  except  marginal  wharf ; 

19.  Street  'purposes^  the  purposes  of  a street,  park,  bridge  or  tunnel 
or  approach  to  either,  except  marginal  wharf ; 

20.  Vessel j a lighter,  tender  or  other  boat  or  ship,  whatever  its 
means  of  propulsion; 

21.  Water  front  property j any  wharf,  marginal  wharf,  pier,  dock, 
ferry  terminal,  bulkhead,  slip  or  basin,  and  all  structures  thereon, 
and  the  land  under  water  beneath  the  same,  and  lands  under  water 
below  high-water  mark,  and  all  easements  appurtenant  thereto, 
and  upland  and  made  land  adjacent  to  such  wharf,  pier,  dock,  bulk- 
head, slip,  basin  and  lands  under  water,  jurisdiction  over  which  is 
possessed  by  or  may  be  assigned  to  the  department  of  docks  and 
ferries  by  the  sinking  fund  commission,  together  with  the  easements, 
uses,  reversions  and  appurtenances  belonging  to  the  same;  except- 
ing therefrom  such  upland  or  made-land  as  constitutes  a street, 
the  driveway  authorized  by  chapter  102  of  the  laws  of  1893  and  acts 
amending  the  same,  and  such  lands  as  have  been  or  shall  be  acquired 
for  public  parks; 

22.  Water  rents ^ the  expense  of  meters,  with  their  installation, 
connections,  setting  and  maintenance,  and  aU  rents,  rates  and  other 
charges  for  water  supply,  and  all  fines  and  penalties  imposed  for 
violations  of  laws  or  ordinances  relating  to  water  supply; 

23.  Water  supply  purposes y the  purposes  of  maintaining,  preserv- 
ing and  increasing  the  city’s  water  supply  and  preventing  its  con- 
tamination or  pollution. 


ARTICLE  2 

MISCELLANEOUS  REGULATIONS 

Sec.  5.  Publication  of  general  ordinances. 

§ 6.  City  seal. 

§ 7.  Designation  of  acting  head  of  department. 

§ 8.  Office-hours. 

§ 9.  Meetings  of  boards. 

§ 10.  Municipal  reference  library,  to  have  reports,  etc. 

§ 11.  Flags  and  decorations  on  city  hall. 

§ 12.  Sales  of  waste  material. 

Sec.  5.  Publication  of  general  ordinances. — 1.  Proposed  ordinances. 
The  clerk  of  the  board  of  aldermen  shall  have  printed,  within  4 days 
after  the  introduction  thereof,  500  copies  of  each  proposed  ordinance 
which  adds  to,  amends,  alters  or  repeals  any  provision  of  the  code  of 
ordinances.  All  ordinances  amending  or  repealing  any  existing  law 
or  ordinance  shall,  when  printed,  contain  in  brackets  the  parts  re- 
pealed, and  all  new  matter  shall  be  printed  in  italics.  Each  ordi- 
nance, printed  in  accordance  with  the  provisions  of  this  subdivision, 
shall  bear  the  name  of  the  introducer  and  its  introductory  number, 
and  a brief  statement  of  the  disposition  made  thereof  upon  its  intro- 
duction. A copy  of  each  ordinance,  printed  in  accordance  with  the 
provisions  hereof,  shall  be  delivered  or  mailed  by  the  city  clerk  to 


10 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


the  head  of  every  department  and  bureau  in  the  city.  The  remain- 
ing copies  shall  be  retained  by  him  for  distribution,  within  his  dis- 
cretion, to  persons  desiring  the  same;  provided,  however,  that  he 
shall  always  retain  at  least  50  copies  until  such  time  as  the  ordinance 
shall  have  taken  effect,  or  the  term  of  the  members  of  the  board, 
during  which  it  was  introduced,  shall  have  expired.  (Ord.  Nov.  11, 
1913;  revised.) 

2.  Adopted  and  approved  ordinances. — The  clerk  of  the  board  of 
aldermen  shall  cause  500  copies  of  each  general  ordinance  to  be 
published  in  separate  leaflet  form,  consecutively  numbered  and 
paged  in  the  form  and  style  of  the  Session  Laws  of  the  State  of  New 
York,  within  10  days  after  its  approval  by  the  mayor,  or  upon  its 
taking  effect  without  his  approval  or  disapproval,  or  after  reconsid- 
eration and  readoption  by  the  board  of  aldermen  subsequent  to 
his  disapproval  thereof,  as  provided  by  section  40  of  the  charter, 
as  amended  and  supplemented.  The  clerk  shall  also  cause  to  be 
compiled  a proper  index  of  all  such  general  ordinances  for  the  cur- 
rent calendar  year  and  for  each  year  thereafter,  which  shall  be  pub- 
lished, during  the  month  of  January  of  the  succeeding  year,  in  the 
City  Record  and  as  a pamphlet,  the  pages  of  which  shall  be  of  the 
same  size  as  that  of  the  leaflets  containing  such  general  ordinances. 
(Ord.  Jan.  4,  1915.) 

§ 6.  City  seal. — The  seal  heretofore  in  use  as  the  corporate  seal 
of  the  corporation  known  as  the  Mayor,  Aldermen  and  Commonalty 
of  the  City  of  New  York,  and  now  in  the  custody  of  the  city  clerk, 
shall  be  the  seal  of  the  city,  to  be  kept  and  used  by  the  city  clerk, 
as  provided  by  law  or  ordinance.  (C.  0.  § 2.  For  amendment,  see 
Addenda,  infra,  p.  362.) 

§ 7.  Designation  of  acting  head  of  a department. — The  mayor  is 
authorized  to  designate  some  senior  officer  in  any  department  or 
bureau,  to  serve  as  the  acting  commissioner  or  chief  of  the  depart- 
ment or  bureau  when  the  commissioner  or  chief  thereof  is  absent 
from  the  city,  or  sick,  for  more  than  10  consecutive  days;  provided 
such  commissioner  or  chief  of  department  or  bureau  is  not  authorized 
by  law  to  designate  any  subordinate  to  act  in  his  place,  or,  if  so 
authorized,  has  failed  to  make  such  designation.  The  mayor  may 
authorize  any  acting  commissioner  or  chief  of  bureau  to  make  ap- 
pointments or  removals  during  the  term  of  his  designation,  which 
shall  not  exceed  30  days  and  may  be  revoked  at  any  time  by  the 
mayor.  Where  a bond  is  required  by  law  from  the  commissioner 
or  chief  of  bureau,  a similar  bond  shall  be  given  by  the  acting  com- 
missioner or  chief  of  bureau,  designated  pursuant  to  the  authority 
conferred  by  this  section.  (Ord.  Nov.  19,  1913;  revised.) 

§ 8.  Office  hours. — Except  as  herein  otherwise  provided,  the  office 
hours  for  all  public  offices  of  the  city,  and  of  all  county  offices  within 
the  city,  unless  otherwise  fixed  by  law,  shall  be  from  9 o’clock  a.  m. 
to  5 o’clock  p.  m.;  provided,  however,  that  the  head  of  a city  office 
or  department,  or  a county  officer  who  comes  within  the  foregoing 
provision  of  this  section,  may  adopt  a rule  that  his  office  shall  be 
closed  to  the  public  at  4 p.  m.  when  in  his  judgment  the  period  be- 
tween the  hours  of  4 p.  m.  and  5 p.  m.  is  required  for  the  perform- 
ance of  the  work  of  his  office.  During  the  months  of  July  and  August 
the  office  hours  of  such  offices  shall  be,  if  the  head  of  the  office  or 


GENERAL  PROVISIONS 


11 


department  in  his  discretion  so  orders,  from  9 o’clock  a.  m.  to  4 
o’clock  p.  m.  The  foregoing  provisions  shall  be  subject  to  the  quali- 
fication that  on  Saturdays  the  office  hours  of  such  office  shall  be 
from  9 o’clock  a.  m.  to  12  o’clock  noon.  (C.  O.  § 489  as  amend.) 

§ 9.  Meetings  of  boards. — All  meetings  of  boards  or  commissions, 
constituting  departments  of  the  government  of  the  city,  shall  be 
held  openly,  and  shall  in  all  cases  be  accessible  to  the  public.  They 
shall  be  held  at  such  times  and  places  as  the  board  or  commission 
may  determine,  and  due  notice  thereof  shall  be  published  daily  in 
the  City  Record.  (C.  O.  § 488.) 

§ 10.  Municipal  reference  library , to  have  official  reports ^ etc.  The 
head  of  each  department,  bureau,  board,  commission  or  office  of 
the  city  shall  transmit  to  the  municipal  reference  branch  of  the 
New  York  Public  Library,  in  the  municipal  building  in  the  borough 
of  Manhattan,  4 copies  of  each  annual  or  quarterly  report  or  other 
publication  of  such  department,  bureau,  board,  commission  or  office, 
immediately  after  the  same  shall  have  been  issued.  (New.) 

§ 11.  Flags  and  decorations  on  city  hall. — All  power  and  authority 
to  display  flags  or  other  decorations  on,  in  or  about  the  city  hall,  or 
other  public  buildings  within  the  City  Hall  park,  is  hereby  vested 
in  the  mayor,  unless  otherwise  ordered  by  the  board  of  aldermen, 
by  a vote  of  a majority  of  all  members  elected  to  the  board.  (C.  O. 
§ 493.  For  ordinance  adopting  an  official  flag  of  the  City,  see  Ad- 
denda, infra^  p.  363.) 

§ 12.  Sales  of  waste  material. — All  old  and  waste  material,  under 
the  care  of  any  department,  shall  be  sold  from  time  to  time  as  may 
be  deemed  best  for  the  public  interest,  in  accordance  with  law. 
Any  such  sale  shall  be  conducted  under  the  immediate  supervision 
of  the  head  of  the  bureau  having  charge  of  the  material  to  be  sold 
and  the  proceeds  thereof  shall  be  collected  by  him  and  transmitted, 
within  24  hours,  to  the  head  of  the  department  for  deposit  in  the 
city  treasury,  except  as  otherwise  specially  provided  by  law  or 
ordinance.  (C.  O.  § 490,  revised.) 


12 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


CHAPTER  2 


Administrative  Provisions 


Article  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 


City  debt  and  sinking  funds. 

Contracts. 

Real  estate. 

The  mayor. 

The  president  of  the  board  of  aldermen. 
The  comptroller. 

The  borough  presidents. 

Corporation  counsel. 

City  marshals. 

City  surveyors. 

Public  administrator. 

Public  employment  bureau. 

Taxes  and  assessments. 

Miscellaneous  regulations. 

ARTICLE  1 


CITY  DEBT  AND  SINKING  FUNDS 

Sec.  1.  Definitions;  saving  clause. 

§ 2.  Assessment  bonds. 

§ 3.  Board  of  commissioners  of  the  sinking  fund;  quorum. 

§ 4.  Sinking  Fund  of  the  City  of  New  York  for  the  Redemption 
of  the  City  Debt;  sources  of  income. 

§ 5.  Sinking  Fund  of  the  City  of  New  York  for  the  Payment  of 
Interest. 

§ 6.  Collection  of  income  of  sinking  funds. 

§ 7.  Bonds  and  mortgages  due  the  city;  duties  of  comptroller. 

§ 8.  Investment  of  moneys  of  the  sinking  fund  for  redemption  of 
the  city  debt. 

§ 9.  Record  of  proceedings  of  the  board;  report  to  board  of  aider- 
men. 

Sec.  1.  Definitions;  saving  clause. — The  term  city  debt  and  city 
stock  used  in  this  article  shall  be  construed  to  mean  any  bonds  or 
stocks,  or  notes  issued  in  anticipation  of  the  issue  of  bonds  or  stock, 
created  by  the  former  corporation  of  the  City  of  New  York,  or  by  the 
city  as  constituted  by  the  charter.  Nothing  in  this  article  shall  be 
so  construed  as  to  impair  or  affect  any  pledge  heretofore  made,  and 
now  existing,  of  any  property  or  its  proceeds,  embraced  in  any 
ordinance  relating  to  the  city  debt.  (C.  O.  § 70,  with  subd.  10,  § 54.) 

§ 2.  Assessment  bonds. — The  comptroller  shall  keep  an  account  of 
all  assessment  bonds  issued  by  him,  specifying  the  particular  work 
on  account  of  which  the  same  shall  have  been  issued ; and  all  moneys 
collected  on  account  of  any  work  for  the  payment  of  which  said  bonds 
were  issued  shall  be  applied  to  the  payment  of  such  bonds.  (C.  O. 
§ 524,  revised.) 


ADMINISTRATIVE  PROVISIONS 


13 


§ 3.  Board  of  commissioners  of  the  sinking  fund;  qiwrvm. — Any 
four  or  more  of  the  members  of  the  board  of  commissioners  of  the 
sinking  fund,  as  constituted  by  the  charter,  of  whom  the  comptroller 
shall  be  one,  shall  be  and  are  hereby  authorized  to  discharge  the 
trusts  and  duties  vested  in  them  by  this  article.  (C.  O.  § 56,  re- 
vised.) 

§ 4.  Sinking  Fund  of  the  City  of  New  York  for  the  Redemption  of  the 
City  Debt;  sources  of  income. — All  moneys  heretofore  received  and 
hereafter  to  be  received  from  the  following  sources  are  hereby  pledged 
and  appropriated  to  and  shall  constitute  and  form  a fund  called  the 
Sinking  Fund  of  The  City  of  New  York  for  the  Redemption  of  the 
City  Debt,  until  the  whole  of  the  stocks  of  the  city  shall  be  finally 
and  fully  redeemed,  namely: 

1.  For  commutation  of  quit-rents  on  grants; 

2.  For  quit-rents  arising  from  such  grants  as  were  issued  prior  to 
the  year  1804; 

3.  The  net  proceeds  of  all  sales  of  real  estate  belonging  to  the  city, 
except  when  the  same  are  made  payable  to  a fund,  the  purpose  of 
which  is  restricted  to  the  purchase  of  other  real  estate,  as  provided 
by  the  charter; 

4.  The  net  proceeds  of  all  bonds  and  mortgages  payable  to  the 
city  when  collected,  except  when  the  said  bonds  and  mortgages  are 
part  of  the  proceeds  of  the  sale  of  real  estate  and  the  proceeds  thereof 
are  deposited  in  a fund,  the  purpose  of  which  is  restricted  to  the 
purchase  of  other  reabestate,  as  provided  by  the  charter; 

5.  For  licenses  to  pawnbrokers  and  dealers  in  the  purchase  or 
sale  of  secondhand  furniture,  metals  or  clothes; 

6.  For  public  hack  licenses  and  compensation  paid  on  account  of 
street  vaults; 

7.  For  exclusive  occupation  of  private  wharves,  basins  and  piers; 

8.  For  market  fees  and  market  rents; 

9.  All  such  other  sources  of  revenue  or  sums  of  money  as  the  board 
of  estimate  and  the  board  of  aldermen  may  appropriate  to  said  fund. 
The  revenues  herein  assigned  for  the  redemption  of  the  city  debt 
shall  be  kept  distinct  from  all  other  revenues  payable  to  the  board 
of  commissioners.  (C.  O.  § 53  revised,  and  § 65.) 

§ 5.  Sinking  Fund  of  The  City  of  New  York  for  the  Payment  of 
Interest. — All  moneys  hereafter  to  be  received  from  the  following 
sources  are  pledged,  appropriated  and  are  to  be  applied  to  and  con- 
stitute and  form  a fund  to  be  called  ^‘The  Sinking  Fund  of  The  City 
of  New  York  for  the  Payment  of  Interest  Accruing  and  to  Accrue 
Upon  the  Stocks  of  the  City  of  New  York,’’  until  the  same  shall  be 
fully  and  finally  redeemed,  namely: 

1.  For  interest  on  all  bonds  and  mortgages  owned  by  the  city, 
issued  prior  to  January  1,  1898; 

2.  For  fees  heretofore  known  as  mayoral  fees  now  collectible  by 
the  department  of  licenses,  except  as  otherwise  provided  by  law; 

3.  For  fines  and  penalties,  except  as  otherwise  provided  by  law; 

4.  For  fees  and  fines  collected  by  the  clerks  of  the  courts  for  the 
city,  except  as  otherwise  provided  by  law; 

5.  Rents  from  all  sources  not  otherwise  pledged; 

6.  For  the  sale  of  all  property  of  the  city  other  than  real  estate, 
except  as  otherwise  provided  by  law. 


14 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


All  moneys  constituting  the  fund  for  the  payment  of  interest  on  the 
city  debt,  whenever  required  to  meet  such  interest,  shall  be  drawn 
from  the  treasury  by  a warrant  signed  by  the  commissioners  of  the 
sinking  fund  or  any  four  of  them,  the  comptroller  being  one.  (C.  O. 
§§  54,  66;  revised.) 

§ 6.  Collection  of  income  of  sinking  funds. — The  comptroller  shall 
superintend  the  collection  of  all  rents,  interest  and  demands  due 
the  sinking  funds,  and  direct  all  necessary  measures  to  complete  the 
payment  of  them  and  report  the  condition  of  same  to  the  board  of 
aldermen  quarterly.  (C.  O.  § 41.) 

§ 7.  Bonds  and  mortgages  due  the  city;  duties  of  comptroller. — The 
comptroller  is  hereby  authorized,  with  the  sanction  of  the  board  of 
commissioners  of  the  sinking  fund,  to  assign  any  bond  or  mortgage 
held  by  the  board  to  any  person  or  persons  who  may  elect  to  take 
such  assignment,  upon  the  payment  in  full  of  the  principal  and  in- 
terest due  on  said  bond  and  mortgage;  and  the  mayor  and  city  clerk 
are  hereby  authorized  and  directed  to  execute,  under  their  hands  and 
the  seal  of  the  city,  any  such  assignment,  upon  evidence  being  ex- 
hibited to  them,  showing  that  the  principal  and  interest  of  such  bond 
and  mortgage  have  been  paid  into  the  treasury  of  the  city  to  the 
credit  of  the  board  of  commissioners  of  the  sinking  fund.  Upon  the 
payment  of  any  bond  and  mortgage  in  full,  the  comptroller  shall 
prepare  and  cause  to  be  executed  a proper  satisfaction  of  such  bond 
and  mortgage;  which  the  mayor  and  city  clerk  are  hereby  authorized 
to  execute,  upon  the  production  of  evidence  that  the  bond  and  mort- 
gage has  been  paid,  as  provided  in  the  preceding  sentence  of  this 
section.  But  no  release  of  any  part  of  the  premises  contained  in  such 
mortgage,  from  the  lien  created  by  such  mortgage  thereon,  shall  be 
made  or  executed  by  them.  (C.  O.  §§  43,  44.) 

§ 8.  Investment  of  moneys  of  the  sinking  fund  for  redemption  of  the 
city  debt. — The  board  shall,  from  time  to  time,  invest  the  moneys 
which  shall  constitute  the  sinking  fund  for  the  redemption  of  the 
city  debt,  or  as  much  as  it  can,  in  the  purchase  of  stocks  created  by 
the  city  at  not  exceeding  the  market  price  therefor;  and  if,  at  any 
time,  such  investments  cannot  be  made  to  the  advantage  of  the  city, 
then  the  board  shall  be  authorized  to  invest  the  said  moneys,  or 
such  part  thereof  as  they  may  see  fit,  either  in  the  purchase  of  stock 
of  the  state  of  New  York,  or  of  stock  or  bonds  of  the  United  States, 
notwithstanding  such  stock  or  bonds  may  be  above  the  par  value 
thereof.  The  powers  conferred  in  this  section  shall  be  so  construed 
as  to  render  it  imperative  on  the  board,  at  all  times  to  give  preference 
to  the  purchase  of  city  stock,  if  the  same  can  be  procured  at  a reason- 
able rate.  Whenever  the  board  shall  have  invested  any  part  of  the 
said  fund  in  the  purchase  of  the  stocks  of  this  state  or  of  the  United 
States,  and  shall  at  any  time  thereafter  be  enabled  to  purchase  any, 
of  the  city  stocks,  at  such  prices  as  the  commissioners  may  judge  best 
for  the  public  interest,  they  shall  forthwith  sell  and  dispose  of  said 
stocks  of  the  state  or  of  the  United  States  and  invest  the  net  proceeds 
thereof  in  city  stock,  if,  in  their  opinion,  such  disposition  would  be 
beneficial  to  the  public  interest.  Whenever  the  board  shall  have 
invested  any  part  of  the  said  fund  in  the  purchase  of  city  stock,  and 
shall  at  any  time  thereafter  be  enabled  to  purchase  any  of  the  city 
stock  which  shall  be  by  its  terms  redeemable  at  an  earlier  day,  the 


ADMINISTKATIVE  PROVISIONS 


15 


board  may  forthwith  sell  the  same  and  invest  the  net  proceeds  in 
such  other  city  stock,  if  in  the  opinion  of  the  commissioners  such 
exchange  shall  be  desirable  and  beneficial  to  the  public  interest. 
Whenever  any  of  the  moneys  constituting  the  sinking  fund  for  the 
redemption  of  the  city  debt  shall  be  required  for  any  purchase  or 
investment  mentioned  in  this  section,  or  for  the  redemption  of  any 
of  the  city  stocks  at  their  maturity,  the  amount  of  money  required 
shall  be  paid  from  the  treasury,  by  warrant,  signed  by  the  board  or 
any  four  of  its  members,  the  comptroller  being  one.  All  stocks  and 
securities  which  shall  be  purchased  by  the  board  shall  be  transferred 
to  it,  and  all  transfers  thereof,  when  disposed  of  pursuant  to  the  pro- 
visions of  this  section,  shall  be  made  by  the  commissioners  or  any 
four  of  them,  of  whom  the  comptroller  shall  be  one.  The  city  stock 
which  shall  be  purchased  by  the  board  shall  not  be  canceled  by  it 
until  the  final  redemption  of  the  same,  and  all  interest  accruing 
thereon  shall  regularly  be  carried  to  the  sinking  fund  for  the  redemp- 
tion of  the  city  debt. 

Nothing  in  this  section  shall  be  so  construed  as  to  prevent  the 
board  from  temporarily  investing  the  unemployed  moneys  belonging 
to  the  sinking  fund  in  the  temporary  bonds  of  the  citv.  (C.  O.  §§  54- 
64,  67.) 

§ 9.  Record  of  proceedings  of  the  hoard;  report  to  hoard  of  aider- 
men.  The  comptroller  shall  keep  a correct  journal  of  the  proceedings 
of  the  board  of  commissioners  of  the  sinking  fund,  to  be  authenticated 
by  the  secretary  of  the  board,  by  his  signature;  and  once  in  each 
year,  or  oftener,  if  required,  the  comptroller  shall  render  unto  the 
board  of  aldermen  a full  and  detailed  report  of  the  proceedings  of 
the  board.  The  report  shall  specify  the  disbursements,  purchases, 
exchanges  and  sales  made  by  the  board,  the  prices  at  which  and  the 
parties  from  whom  such  purchases,  with  whom  such  exchanges,  and 
to  whom  such  sales  shall  have  been  made;  the  amounts  and  descrip- 
tions of  the  stocks  of  the  city  purchased  by  the  board;  the  amounts 
and  descriptions  of  the  stocks  of  this  state  and  of  the  United  States 
then  held  by  the  board,  and  the  amounts  paid  for  interest  on  city 
stocks.  Such  report  shall  also  contain  a detailed  statement  of  the 
receipts  and  of  the  unemployed  moneys  in  the  city  treasury  to  the 
credit  of  each  sinking  fund.  (C.  O.  §§  68,  69). 


ARTICLE  2 
Contracts 


Sec.  60.  When  requisite. 

§ 61.  Contracts  of  borough  presidents. 

§ 62.  Surveys  or  plans 
§ 63.  Proposals  for  estimates. 

§ 64.  Form  of  proposals. 

§ 65.  Contents  of  estimates;  verification. 

§ 66.  Opening  estimates. 

§ 67.  Samples. 

§ 68.  Payment  in  installments;  security  required. 

§ 69.  Payments  on  assessment  work;  security  required. 


16 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 70.  Protection  against  accidents. 

§ 71.  Snow  removal  contracts,  payment  of  laborers. 

§ 72.  Enforcement  of  contracts;  bonds. 

§ 73.  Payments  on  contracts. 

§ 74.  Certificate  of  amount  due. 

§ 75.  Inspection  of  contract  work. 

§ 76.  Affidavits  of  surveyor  and  inspector. 

§ 77.  Extra  work. 

§ 78.  Delayed  payment  of  assessments. 

§ 79.  Report  as  to  outstanding  contracts. 

Sec.  60.  When  requisite. — ^All  supplies  to  be  furnished  or  work  to 
be  done  for  the  city,  whether  they  are  to  be  paid  for  out  of  the  city 
treasury  or  out  of  trust  moneys  under  the  control  of  or  to  be  assessed 
or  collected  by  the  city,  shall  be  furnished  or  performed  by  contract, 
except  where  otherwise  provided  by  law.  (C.  O.  § 509). 

§ 61.  Contracts  of  borough  presidents. — All  contracts  for  work, 
materials  or  supplies,  relating  to  any  of  the  matters  under  the  cog- 
nizance of  the  respective  borough  presidents,  shall  be  made  by  the 
borough  presidents,  and  bonds,  to  be  approved  as  to  form  by  the 
corporation  counsel  and  as  to  sufficiency  by  the  comptroller,  shall 
be  taken  for  the  faithful  performance  thereof;  all  such  contracts 
shall  be  executed  in  triplicate  by  the  said  borough  presidents,  on  the 
part  of  the  city,  and  by  the  contractor;  one  original  copy  so  executed 
shall  be  kept  and  filed  in  the  office  of  the  borough  president,  one  shall 
be  filed  in  the  office  of  the  comptroller,  and  the  third  shall  be  given 
to  the  contractor.  (C.  0.  § 84). 

§ 62.  Surveys  or  plans. — Whenever  in  the  opinion  of  a borough 
president  a survey  or  plans  shall  be  necessary  for  any  work  duly 
authorized,  or  for  the  purpose  of  reporting  any  necessary  informa- 
tion, he  shall  cause  such  survey  or  plans  to  be  made  by  a competent 
surveyor,  architect  or  engineer,  as  the  nature  of  the  work  may  re- 
quire. (C.  O.  § 89  in  part). 

§ 63.  Proposals  for  estimates. — The  several  departments  and 
officers  empowered  by  law  to  make  contracts  on  the  part  of  the  city 
shall  issue  proposals  for  estimates  therefor,  and  advertise  the  same,  as 
provided  by  law.  There  shall  be  kept  by  each  department  an  appro- 
priate box,  to  be  designated  ^‘Estimate  Box,’^  with  a proper  opening 
m the  top  thereof  to  receive  estimates  for  which  proposals  have  been 
issued.  Such  box  shall  be  kept  locked,  except  when  it  may  be  neces- 
sary to  open  it  to  examine  and  decide  upon  estimates,  and  the  key 
thereof  shall  be  retained  by  the  head  of  the  department.  The  head 
of  the  department  shall  deposit  in  said  box  all  estimates  duly  pre- 
sented to  him,  for  work  to  be  done  under  the  direction  of  the  depart- 
ment, immediately  on  the  receipt  thereof  by  him.  (C.  O.  § 510). 

§ 64.  Form  of  proposals.  All  proposals  for  estimates  shall  be  in 
such  form  as  may  be  prescribed  by  the  department  making  the  same, 
and  shall  contain  the  following  particulars: 

1.  They  shall  require  that  the  person  making  the  estimate  shall 
deliver  it  in  a sealed  envelope,  addressed  to  the  head  of  the  appro- 
priate department  at  his  office,  or  at  such  place  as  may  be  designated 
in  the  advertisement,  on  or  before  a day  and  hour  therein  named,  not 
less  than  10  days  from  the  first  publication  thereof; 


ADMINISTRATIVE  PROVISIONS 


17 


2.  They  shall  state  the  quantity  and  quality  of  supplies,  or  the 
nature  and  extent,  as  near  as  possible,  of  the  work  required ; 

3.  They  shall  state  that  the  estimates  received  will  be  publicly 
opened  by  the  head  of  the  department  issuing  the  proposals  at  his 
office,  or  at  such  place  as  may  be  designated  in  the  advertisement, 
at  a day  and  hour  therein  mentioned; 

4.  They  shall  state  the  amount  in  which  security  is  required  for 
the  performance  of  the  contract; 

5.  They  shall  state,  briefly,  the  several  matters  required  by  the 
next  section  to  be  contained  in,  or  to  accompany  the  estimates. 
(C.  0.  § 511.) 

As  to  patented  articles  see  Warren  Bros.  Co.  v.  City  of  N.  Y.,  190  N.  Y.  297, 
511. 

§ 65.  Contents  of  estimates;  verification. — Each  estimate  shall  con- 
tain— 

1.  The  name,  residence  and  place  of  business  of  the  person  making 
the  same; 

2.  The  names  of  all  persons  interested  with  him  therein,  and  if  no 
other  person  be  -so  interested,  it  shall  distinctly  state  that  fact; 

3.  That  it  is  made  without  any  connection  with  any  other  person 
making  an  estimate  for  the  same  purpose,  and  is  in  all  respects  fair, 
and  without  collusion  or  fraud; 

4.  That  no  member  of  the  board  of  aldermen,  head  of  a depart- 
ment, chief  of  a bureau,  deputy  thereof,  or  clerk  therein,  or  other 
officer  or  employee  of  the  city,  is  directly  or  indirectly  interested 
therein,  or  in  the  supplies  or  the  work  to  which  it  relates,  or  in  any 
portion  of  the  profits  thereof. 

The  estimate  shall  be  verified  by  the  oath,  in  writing,  of  the  party 
making  it,  that  the  several  matters  stated  therein  are  in  all  respects 
true.  (C.  O.  p 512,  513  as  amended.) 

§ 66.  Opening  estimates. — -The  sealed  envelope  containing  the 
estimate  shall  be  endorsed  with  the  name  or  names  of  the  person  or 
persons  presenting  the  same,  the  date  of  its  presentation,  and  a 
statement  of  the  work  to  which  it  relates,  and  no  estimate  shall  be 
taken  from  the  “Estimate  Box,”  nor  shall  the  sealed  envelope  thereof 
be  opened  by  anyone,  except  at  the  time  and  in  the  manner  herein 
designated  for  deciding  on  such  estimates.  At  the  time  and  place 
appointed  for  that  purpose  in  the  proposals,  as  prescribed  in  this 
article,  the  head  of  the  department,  or  the  president  of  the  board 
where  the  same  are  advertised  by  a board,  or  the  secretary  thereof,  or 
other  officer  empowered  to  make  the  contract,  in  the  presence  of  the 
comptroller  or  his  representative,  and  such  of  the  parties  making 
them  as  may  desire  to  be  present,  shall  then  and  there  open  the 
estimate  box,  and  the  estimates  to  be  examined  at  that  time,  as  may 
appear  from  the  endorsements  thereon,  shall  be  taken  from  the  box. 
The  head  of  department  or  other  party  hereinbefore  authorized  shall, 
then  and  there,  publicly  open  and  read  all  estimates  which  he  may 
have  received  for  the  contract  mentioned  in  such  proposals,  and  shall 
reject  all  estimates  not  furnished  in  conformity  with  the  law  and  the 
ordinance  relating  thereto.  The  award  of  the  contract  shall  be  made 
according  to  law.  (C.  O.  § 516  as  amended  Sept.  23, 1913.) 

§ 67.  Samples. — When  proposals  are  issued  for  a contract  to  fur- 
nish any  article  of  which  a sample  can  conveniently  be  furnished,  the 
2 


18 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


head  of  the  department  issuing  the  same  may  require  that  such 
sample  be  delivered  at  his  office,  or  at  the  office  of  the  head  of  the 
appropriate  bureau  in  his  department,  within  such  time  before  the 
opening  of  the  estimates  as  he  may  prescribe;  and,  if  it  be  not  so 
furnished,  or  does  not  conform  to  the  quality  required  by  the  pro- 
posals, the  estimate  delivered  by  the  person  furnishing  or  omitting  to 
furnish  the  same,  as  the  case  may  be,  shall  be  rejected.  (C.  O.  § 517.) 

§ 68.  Payment  in  installments;  security  required. — In  all  contracts 
for  work  for  the  city  where  provision  is  made  for  the  payment  of  the 
contract  price  by  installments,  a provision  shall  be  inserted  that  the 
contractor  shall  allow  10  per  cent,  of  the  contract  price  of  the  work 
actually  done  to  remain  as  security,  until  the  whole  work  shall  be 
completed  according  to  the  contract.  (C.  O.  § 518.) 

§ 69.  Payments  on  assessment  work;  security  required. — Whenever 
any  contract  shall  be  made  hereafter  by  any  department  or  officer  of 
the  city,  the  amount  of  which  is  to  be  afterward  collected  by  assess- 
ment from  the  property  benefited  by  the  work  to  be  done  under  the 
contract,  the  head  of  the  department  or  officer  making  such  contract 
shall  cause  to  be  inserted  therein  a clause  that,  as  the  work  progresses, 
payments  will  be  made  to  the  contractors  by  monthly  installments 
of  85  per  cent,  on  the  estimated  value  of  the  work  actually  done 
under  said  contract,  and  the  officer  making  any  such  contract  shall 
forthwith  file  a copy  thereof  with  the  comptroller.  (C.  O.  § 54  as 
amended  in  L.  1912,  Chap.  527.) 

§ 70.  Protection  against  accidents. — In  all  contracts  for  the  work  for 
the  city  upon  any  public  building  or  in  any  public  street  or  place,  in 
the  performance  of  which  accidents  or  injuries  may  happen  to  the 
person  or  property  of  another,  provisions  shall  be  inserted  that  the 
contractor  shall  place  proper  guards  for  the  prevention  of  accidents; 
that  he  shall  put  up  and  keep  at  nights  suitable  and  sufficient  lights 
during  the  performance  of  the  work,  and  that  he  will  indemnify  the 
city  for  damages  or  costs  to  which  it  may  be  put  by  reason  of  injury 
to  person  or  property  of  another,  resulting  from  negligence  or  care- 
lessness in  the  performance  of  the  work.  (C.  O.  § 519;  covering  C.  O. 
215-218.) 

§ 71.  Snow  removal  contracts;  payments  of  laborers. — In  all  emer- 
gency work  performed  by  laborers  in  the  removal  of  snow  where 
men  are  engaged  by  the  hour  or  the  day,  either  by  a contractor 
employed  for  the  purpose  or  by  the  street  cleaning  department  itself, 
it  shall  be  stipulated  that  such  work  shall  be  paid  for  daily,  directly 
to  those  individually  employed  in  it,  in  the  currency  of  the  United 
States,  and  not  by  check  or  ticket.  Such  payments,  in  each  instance, 
shall  be  made  at  the  substations  of  the  street  cleaning  department. 
Every  contractor  engaged  in  the  removal  of  snow  shall  be  required  to 
stipulate  with  the  commissioner  of  street  cleaning,  or  others  em- 
powered to  enter  into  contracts  for  that  purpose,  as  the  case  may  be, 
to  observe  the  provisions  of  this  section,  a violation  of  any  of  which 
shall  be  deemed  to  abrogate  any  such  contract.  (C.  O.  § 418a,  418b.) 

§ 72.  Enforcement  of  contracts;  bonds. — Every  contract  for  sup- 
plies or  work  by  the  city  shall  be  executed  by  the  contractor  or  con- 
tractors to  whom  the  same  may  be  awarded,  and  shall  be  accom- 
panied by  a bond  in  the  penalties  mentioned  in  the  proposals  therefor, 
executed  by  the  persons  or  company  consenting  to  become  bound  as 


ADMINISTRATIVE  PROVISIONS 


19 


sureties,  or  by  such  other  persons  or  company  as  shall  be  substi- 
tuted therefor  with  the  consent  of  the  head  of  the  department  mak- 
ing such  contract,  conditioned  for  the  faithful  performance  of  the 
contract  and  every  provision  therein  contained.  The  bond  shall  be 
accompanied  by  the  oath,  in  writing,  of  the  person  signing  the  same, 
that  he  is  a householder  or  freeholder  in  the  city,  and  by  the  oath 
of  the  person,  or  an  officer  of  such  company,  that  he  or  it  is  worth 
the  amount  of  the  security  required  for  the  completion  of  the  con- 
tract and  stated  in  the  proposals,  as  hereinbefore  prescribed.  The 
comptroller  shall  require  such  sureties  to  be  further  examined  before 
himself,  or  an  officer  authorized  to  administer  oaths  deputed  by  him, 
in  respect  of  the  items  and  details  of  their  property,  before  approv- 
ing the  adequacy  and  sufficiency  of  such  sureties.  Each  department 
of  the  city  government  and  each  officer,  by  whom  any  contract 
for  work  to  be  done  for  the  city  shall  be  made,  shall  require  and 
enforce  the  faithful  execution  of  each  contract  so  made  by  them; 
and  in  case  the  contractor  or  contractors  shall  fail  in  any  respect 
to  perform  the  work  which  he  or  they  have  contracted  to  render  or 
perform,  within  the  time  limited  for  the  performance  of  the  same, 
then  the  department  or  officer  having  charge  of  such  work  shall  do 
and  complete  the  same  in  the  manner  provided  for  in  the  contract 
for  its  performance  and  the  cost  thereof  shall  be  a charge  against 
such  delinquent  contractor  or  contractors;  provided,  however,  that 
the  head  of  any  department  or  other  officer  by  whom  any  such 
contract  shall  be  made,  may  on  good  and  sufficient  cause,  extend  for 
a reasonable  time  the  period  fixed  for  the  completion  thereof.  (C.  O. 
§ 520.) 

§ 73.  Payments  on  contracts. — No  payment  shall  be  made  by 
the  comptroller  for  work  done  or  supplies  furnished,  except  upon 
proper  vouchers  rendered  by  the  head  of  the  appropriate  department, 
or  the  officer,  board  or  commission  for  whom  such  work  was  done 
or  supplies  furnished;  provided  that,  in  the  case  of  a pay-roll  for 
labor  performed  under  the  supervision  of  the  borough  presidents, 
the  comptroller  may  draw  a warrant  for  the  total  amount  of  such 
pay-roll,  in  favor  of  the  chamberlain,  who  shall  make  the  payments 
therein  specified.  Such  vouchers  shall  be  made  out  in  duplicate, 
and  shall  contain  the  certificate  of  such  subordinate  officers  as  the 
head  of  the  department  may  require,  in  such  form  and  purport  as 
he  shall  prescribe,  and  also  a certificate  of  the  head  of  the  department. 
One  of  the  duplicate  vouchers  shall  be  retained  in  the  department 
or  office  by  which  the  vouchers  are  rendered,  and  the  other  shall  be 
transmitted  to  the  department  of  finance  for  payment.  No  payment 
shall  be  made  upon  any  contract  beyond  the  amount  thereof.  (C.  O. 
§ 39  and  § 523.) 

§ 74.  Certificate  of  amount  due. — Whenever  any  payment  shall 
become  due  upon  any  contract,  according  to  the  provisions  thereof 
or  in  accordance  with  any  of  the  provisions  of  this  ordinance,  the 
head  of  department  or  officer  having  the  work  in  charge  shall  furnish 
to  the  person  or  persons  entitled  to  such  payments  a certificate, 
in  writing,  specifying  the  contract  upon  which  the  payment  is  due 
and  the  amount  due  thereon.  The  comptroller  on  the  presentation 
to  him  of  such  certificate  shall  pay  the  amount  thereof  and  endorse 
such  payment  upon  the  contract  upon  which  such  payment  was  made, 


20 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


but  final  payment  on  any  contract  shall  not  be  made  until  the  head 
of  department  or  officer  having  charge  of  the  work  under  the  contract 
shall  furnish  a certificate,  signed  by  him  and  filed  in  the  office  of 
the  comptroller,  that  the  work  mentioned  in  the  contract  has  been 
completed  according  to  the  terms  thereof  and  to  the  satisfaction 
of  the  head  of  department  or  officer  giving  the  certificate.  (C.  O. 
§§  522,  523.) 

§ 75.  Inspection  of  contract  work. — Each  borough  president  shall 
appoint  a competent  inspector  of  contract  work  under  the  jurisdiction 
of  his  department,  in  all  cases  where  he  may  deem  the  public  service 
requires  such  inspector.  Whenever  an  assessment  shall  be  levied 
for  any  improvement,  the  amount  paid  for  inspection  of  any  contract 
work  connected  therewith  shall  be  assessed  and  collected  with  the 
other  expenses  of  the  improvement,  except  where  the  inspector’s 
wages  are  legally  chargeable  to  the  contractor.  (C.  O.  § 91  in  part.) 

§ 76.  Affidavit  of  surveyor  and  inspector, — Each  and  every  con- 
tractor shall  be  required  to  obtain  an  affidavit  from  the  surveyor, 
setting  forth  the  amount  of  work  done,  of  every  description  that 
may  be  charged  in  each  bill  or  assessment  list  of  said  contract,  and 
said  affidavit  shall  be  attached  to  the  assessment  list.  The  inspector 
shall  also  furnish  an  affidavit,  to  be  attached  to  each  contract,  setting 
forth  that  the  work  has  been  done  according  to  the  plans  and  speci- 
fications; said  affidavit  to  be  attached  to  each  assessment  list  before 
presented  for  confirmation.  (C.  O.  § 525.) 

§ 77.  Extra  work. — No  payment  shall  be  made  on  any  work  or 
job  done  by  contract  for  any  extra  work  thereon  not  specified  in 
the  contract,  unless  such  extra  work  shall  have  been  done  by  the 
written  order  of  the  borough  president  or  head  of  department  di- 
recting the  same,  stating  that  such  work  is  not  included  in  the  con- 
tract. And  no  such  expenditure  shall  in  any  case  be  made,  the  total 
amount  of  which  on  any  one  work  shall  exceed  $1,000,  unless  the 
same  shall  be  authorized  by  the  board  of  aldermen.  (C.  O.  § 85.) 

§ 78.  Delayed  payments  of  assessments. — In  all  cases  of  delinquency 
in  the  payment  of  any  assessment  for  work  done  under  a contract 
made  by  any  contractor  with  the  city,  respecting  any  street  or  road 
or  respecting  the  building  of  wharves,  piers,  slips  and  sewers,  on  the 
final  settlement  with  every  such  contractor,  there  shall  be  allowed 
and  paid  to  him  all  interest  which  shall  have  been  collected  on  his 
account  or  contract,  first  deducting  the  collector’s  commission. 
(C.  O.  § 526.) 

§ 79.  Report  as  to  outstanding  contracts. — The  comptroller  shall 
report  to  the  board  of  aldermen,  within  30  days  after  their  organiza- 
tion in  each  year,  a statement  of  all  contracts  made  by  the  city,  or 
directed  or  authorized  by  the  board  and  not  performed  or  completed 
or  upon  which  any  moneys  remain  unpaid;  with  the  amount  of 
money  remaining  unpaid  on  each  such  contract.  (C.  O.  § 25.) 

ARTICLE  3 

REAL  ESTATE 

Sec.  100.  City  real  estate  to  be  supervised  by  the  comptroller. 

§ 101.  Deeds,  leases,  etc.,  to  the  city;  comptroller  is  custodian. 


ADMINISTRATIVE  PROVISIONS 


21 


§ 102.  Leases  or  other  conveyances  by  the  city. 

§ 103.  Assignment  of  leases  and  subletting  by  city. 

§ 104.  Execution  of  deed  by  city. 

§ 105.  Quit-rents. 

§ 100.  City  real  eUate  to  he  supervised  by  the  comptroller. — The 
comptroller  shall  superintend  all  real  estate  of  the  city  and  report 
to  the  board  of  aldermen  all  encroachments  thereon.  He  shall  direct 
and  superintend  the  collection  of  all  rents  or  other  moneys  due  the 
city.  (C.  O.  §§21,  24.) 

§ 101.  Deeds j leases,  etc.,  to  the  city;  comptroller  is  custodian. — The 
comptroller  shall  keep  on  file  in  his  office  all  title  deeds,  leases,  bonds, 
mortgages  or  other  assurances  of  title,  except  such  as  are  directeci 
by  law  or  ordinance  to  be  deposited  elsewhere.  He  shall  cause  all 
grants,  leases  and  counterparts  of  leases,  and  all  deeds  executed  by 
the  city,  to  be  recorded  in  proper  books  to  be  kept  in  his  office.  (C.  O. 
§§  22,  23.) 

§ 102.  Leases  or  other  conveyances  by  the  city. — Whenever  any  real 
estate  belonging  to  the  city  is  unproductive,  or  the  term  for  which 
it  may  have  been  leased  or  let  shall  have  expired  or  be  about  expiring, 
the  head  of  the  department,  bureau,  board  or  office  having  jurisdic- 
tion over  such  real  estate  shall  forthwith  turn  over  the  same  to  the 
board  of  sinking  fund  commissioners  and  advise  the  comptroller 
thereof.  The  comptroller  shall  report  to  the  board  whether  or  not, 
in  his  judgment,  it  will  be  to  the  public  interest  to  lease  or  other- 
wise dispose  of  such  property.  The  comptroller,  under  the  sanction 
of  the  board,  shall  appoint  appraisers  upon  behalf  of  the  city  to  settle 
the  rent  on  renewal  of  any  lease,  or  the  value  of  the  building,  to  be 
paid  for  on  the  expiration  of  any  lease  in  which  the  city  is  or  shall 
be  interested,  whenever  by  the  provision  of  such  lease  the  appointment 
of  appraisers  is  required.  All  leases  authorized  by  the  board  shall 
be  executed  by  the  mayor  and  the  city  clerk,  under  their  hands 
and  the  seal  of  the  city.  (C.  O.  §§  42,  46.) 

§ 103.  Assignment  of  leases  and  subletting  by  city. — The  comptroller 
may  consent,  in  the  name  and  on  behalf  of  the  city,  that  the  lessee 
or  assignee  of  a lease  made  by  the  city  shall  assign  the  same  or  under- 
let the  demised  premises,  whether  or  not  provision  is  made  by  the 
lease  that  it  shall  not  be  assigned  or  the  premises  underlet  without 
the  consent  of  the  city;  but  he  shall  not  so  consent  unless  all  arrears 
of  rents  upon  the  premises  be  paid  in  full.  (C.  O.  § 28  amend.) 

§ 104.  Execution  of  deeds  by  city. — Whenever  any  real  estate 
shall  have  been  sold  pursuant  to  the  preceding  sections  of  this  article, 
the  board  of  commissioners  of  the  sinking  fund,  or  a majorit}^  of  them, 
shall  give  a certificate,  under  their  hands,  that  the  same  has  been 
sold  pursuant  to  the  provisions  of  this  article,  and  upon  the  produc- 
tion of  such  certificate  and  the  evidence  that  the  proceeds  of  such 
sale  have  been  paid  into  the  treasury  to  the  credit  of  the  sinking  fund 
for  the  redemption  of  the  city  debt,  or  such  other  appropriate  fund 
as  provided  by  the  charter,  the  mayor  and  the  city  clerk  shall  exe- 
cute proper  conveyances  of  such  real  estate  under  their  hands  and 
the  seal  of  the  city.  Whenever  any  real  estate  of  the  city  shall  have 
been  sold  pursuant  to  any  provision  of  the  charter  or  any  ordinance, 
the  mayor  and  the  city  clerk  shall  execute  proper  conveyances  of 


22  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

such  real  estate,  under  their  hands  and  the  seal  of  the  city.  (C.  O. 
§ 76,  revised.) 

§ 105.  Quit-rents.  The  comptroller  shall  preserve  in  a book  to 
be  kept  in  his  office  for  that  purpose,  to  be  called  the  record  of  quit- 
rents,  maps  of  all  grants  of  land  heretofore  made  by  the  former 
Corporation  of  The  City  of  New  York,  on  which  quit-rents  are 
payable,  showing  the  original  grants  and  the  subdivisions  of  the 
same  as  near  as  they  can  be  ascertained.  He  may  receive  the  sums 
proportionately  due  from  each  owner  in  payment  of  the  portion 
of  the  moneys  payable  under  the  original  grant,  as  the  same  shall 
from  time  to  time  become  payable.  He  shall,  on  receiving  written 
notice  from  the  grantee  of  the  said  former  corporation,  or  his  assignee, 
of  the  sale  of  any  portion  of  land  subject  to  quit-rent,  enter  in  the 
record  of  quit-rents  the  name  of  the  purchaser,  with  the  date  of  the 
sale  and  the  portion  of  the  land  sold.  He  may  thereafter  receive 
the  sum  proportionately  due  from  such  purchaser,  in  payment  of 
his  portion  of  the  moneys  payable  under  the  original  grant,  as  the 
same  shall,  from  time  to  time  become  payable,  and  he  may  receive 
from  the  owner  of  the  lot  or  parcel  mentioned  in  the  notice,  or  his 
legal  representative,  the  sum  proportionately  due  from  him  in  pay- 
ment of  his  proportion  of  the  moneys  payable  imder  the  original 
grant.  When  land  heretofore  granted  by  the  said  former  corporation 
subject  to  a quit-rent,  portions  of  which  have  been  assigned  by  the 
grantee,  shall  be  re-entered  by  the  city  for  non-payment  of  the  quit- 
rent,  the  comptroller  may  grant  releases  in  severalty  to  such  of  the 
assignees  of  portions  of  the  land  granted  as  shall,  within  6 months 
from  the  re-entry,  pay  their  respective  apportionments  of  commuta- 
tion money  and  the  expenses  of  re-entry  and  conveyance,  with  such 
portions  of  the  rent  as  may  be  justly  due  from  the  respective  assignees 
for  the  land  held  by  them,  as  the  same  shall  be  apportioned  by  the 
comptroller.  Whenever  any  person  shall  desire  to  commute  any 
quit-rent  due  the  city,  the  comptroller  shall  calculate  such  commuta- 
tion at  the  rate  of  6 per  cent,  and,  upon  the  production  of  evidence 
that  the  same  and  all  arrears  of  rent  have  been  paid  into  the  treasury 
of  the  city,  to  the  credit  of  the  board  of  commissioners  of  the  sinking 
fund,  the  mayor  and  city  clerk  shall  execute  a release  of  such  quit- 
rent.  (C.  O.  §§  30,  31  in  part;  33-35,  45.) 

ARTICLE  4 

THE  MAYOR 

Sec.  130.  Apprehension  of  criminals. 

§ 130.  Apprehension  of  criminals. — The  mayor  may,  whenever 
he  shall  deem  it  necessary,  issue  his  proclamation  for  the  apprehen- 
sion of  any  person  who  may  have  committed  a crime  within  the  city, 
and  may,  in  such  proclamation,  offer  a reward  not  exceeding  $500, 
to  be  paid  out  of  the  city  treasury  upon  the  certificate  of  the  mayor 
that  the  service  required  has  been  performed. 

ARTICLE  5 

THE  PRESIDENT  OF  THE  BOARD  OF  ALDERMEN 


Sec.  150. 


ADMINISTRATIVE  PROVISIONS 


23 


ARTICLE  6 

THE  COMPTROLLER 

Sec.  170.  Custodian  of  evidences  of  debt,  contracts,  bonds  and  stock 
certificates. 

§ 171.  Collection  of  rents  and  other  debts. 

Sec.  170.  Custodian  of  evidences  of  debt,  contracts,  bonds  and  stock 
certificates. — The  comptroller  shall  keep  and  file  in  his  ofhce  all  evi- 
dence of  debt,  contracts,  bonds  of  indemnity,  official  bonds,  and  all 
certificates  of  stock  belonging  to  the  sinking  funds,  except  such  as 
are  directed  by  law  or  ordinance  to  be  deposited  elsewhere.  (C.  O. 
§22.) 

§ 171.  Collection  of  rents  and  other  debts. — The  comptroller  shall 
direct  legal  proceedings  to  be  taken  when  necessary  to  enforce  pay- 
ment of  rents  or  other  debts  due  to  the  corporation,  or  to  obtain 
possession  of  premises  to  which  the  corporation  is  entitled. 


ARTICLE  7 

THE  BOROUGH  PRESIDENTS 

Sec.  200.  Expenditures  for  borough. 

§ 201.  Incumbrances  and  contingencies,  accounts  for. 

§ 202.  Receipts  to  be  recorded  and  accounted  for. 

§ 203.  Permits. 

§ 204.  Reports  to  the  board  of  aldermen. 

Sec.  200.  Expenditures  for  borough. — Each  borough  president  shall 
control  and  direct  all  expenditures  to  be  made  by  his  department, 
and  shall  countersign  and  draw  his  requisition  upon  the  comptroller 
for  the  payment  of  all  bills  and  accounts  therefor  which  in  his  judg- 
ment are  correct,  and  which  may  be  duly  certified  by  the  chief  of  the 
bureau,  division  or  office  under  whose  supervision  the  expenditure 
was  incurred.  No  requisition  shall  be  drawn  by  any  borough  pres- 
ident for  the  payment  of  any  bill  or  account  until  the  same  shall 
have  been  duly  certified  as  aforesaid,  except  that  bills  and  accounts 
for  expenditures  for  the  removal  of  incumbrances,  or  for  the  other 
expenditures  authorized  by  ordinance  but  not  under  the  immediate 
supervision  of  any  department,  shall  be  certified  by  the  borough 
president.  (C.  O.  § 90.) 

§ 201.  Incumbrances  and  contingencies;  accounts  for. — Each  bor- 
ough president  shall  keep  separate  accounts  with  the  two  appro- 
priations, one  for  the  removal  of  incumbrances,  and  the  other  for 
the  contingencies  of  his  department,  and  drafts  thereon  shall  be 
made  upon  the  comptroller,  who  shall  charge  each  appropriation 
with  the  respective  drafts  and  draw  his  warrant  in  each  case  in  favor 
of  the  borough  president  for  the  amount  thereof.  (C.  O.  § 95.) 

§ 202.  Receipts  to  be  recorded  and  accounted  for. — Each  borough 
president  shall  cause  to  be  entered  in  books  to  be  provided  for  that 
purpose  and  kept  in  his  office,  open  at  all  convenient  times  to  public 


24  CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

inspection,  the  names  of  all  persons  from  whom  he  may  receive  money 
for  the  city,  on  trust  account  or  otherwise;  with  the  amounts  received, 
or  what  account,  and  when  paid.  He  shall  render  a certified  account 
thereof,  under  oath,  item  by  item,  to  the  comptroller,  on  Thursday 
of  each  week,  and  shall  thereupon  pay  over  the  amount  so  received 
to  the  chamberlain,  from  whom  he  shall  receive  duplicate  vouchers 
for  the  payment,  one  of  which  he  shall,  on  the  same  day,  file  in  the 
office  of  the  comptroller.  (C.  O.  § 93.) 

§ 203.  Permits. — In  all  cases  where  provision  is  made  by  law  or 
ordinance  that  the  consent  of  a borough  president  shall  be  obtained 
to  authorize  any  act  to  be  done,  he  may  grant  a permit  therefor, 
subject  to  the  restrictions  of  all  statutes  and  ordinances  in  relation 
thereto,  and,  upon  granting  any  such  permit,  he  may  exact  such 
cash  deposit  or  bond,  or  both,  as  he  may  deem  necessary  to  safe- 
guard the  interests  of  the  city.  (C.  O.  § 92.) 

§ 204.  Report  to  hoard  of  aldermen. — The  respective  borough  pres- 
idents shall,  when  required  by  the  board  of  aldermen,  inquire  into 
and  report  upon  any  of  the  matters  within  their  cognizance,  and  shall, 
from  time  to  time,  communicate  to  the  board  any  information  or 
suggestion  that  they  may  deem  important  in  relation  thereto.  (C.  O. 
§88.) 

ARTICLE  8 

THE  CORPORATION  COUNSEL 

Sec.  220.  Register  of  actions. 

§ 221.  Legislative  bills,  ordinances^ 

§ 222.  Books  and  papers  to  be  delivered  to  successor. 

Sec.  220.  Register  of  actions. — The  corporation  counsel  shall  keep 
in  proper  books,  to  be  provided  for  that  purpose,  a register  of  all 
actions  prosecuted  or  defended  by  him,  and  all  proceedings  had 
therein.  (C.  O.  § 12.) 

§ 221.  Legislative  hills,  ordinances. — The  corporation  counsel  shall 
prepare  the  draft  of  any  bill  to  be  presented  by  the  city  to  the  legis- 
lature for  enactment,  with  a proper  memorial  for  the  passage  thereof, 
and  shall  draw  such  ordinances  as  may  be  required  by  the  board  of 
aldermen  or  any  committee  thereof.  (C.  O.  §§  8,  9,  revised.) 

§ 222.  Books  and  papers  to  he  delivered  to  his  successor. — Upon  his 
resignation  or  removal,  the  corporation  counsel  shall  forthwith 
deliver  to  his  successor  in  office  all  deeds,  leases,  contracts,  and  other 
papers  in  his  hands  belonging  to  the  city,  and  all  papers  in  actions 
prosecuted  or  defended  by  him,  with  the  register  thereof  and  of  the 
proceedings  therein,  and  a written  consent  to  the  substitution  of  his 
successor  in  each  pending  action.  (C.  O.  § 13.) 

ARTICLE  9 

CITY  MARSHALS 

Sec.  230.  City  Marshals;  badges. 

§ 231.  Impersonating  marshals;  unauthorized  signs. 

§ 232.  Violations. 

Sec.  230.  City  marshals;  badges. — -The  mayor  is  hereby  authorized 
to  prescribe  the  style,  form  and  size  of  a badge  to  be  known  and 


ADMINISTRATIVE  PROVISIONS 


25 


designated  as  the  city  marshars  official  badge,  a description  of  which 
he  shall  file  in  the  office  of  the  city  clerk.  Each  city  marshal  shall 
provide  himself,  at  his  own  expense,  with  one  of  such  badges,  and 
shall  wear  the  same  at  all  times  while  engaged  in  the  discharge  of  his 
duties.  At  all  times,  every  city  marshal  shall  display  his  badge, 
upon  demand.  (C.  O.  §§  567-569,  rev.) 

§231.  Impersonating  marshals;  unauthorized  signs. — No  person, 
not  a marshal  of  the  city,  shall  hold  himself  out  to  the  public  as  being 
a marshal,  or  as  being  in  any  way  authorized  to  act  as  a marshal  or  to 
perform  the  duties  of  a marshal.  No  person,  not  a marshal,  shall 
exhibit  any  sign  with  the  words  “marshal’s  bureau”  thereon,  or  any 
other  words  or  terms  whereby  the  public  may  be  led  to  believe  that 
he  is  a city  marshal  or  authorized  to  act  as  such,  or  that  his  office  is 
the  office  of  a city  marshal.  No  city  marshal  shall  knowdngly  permit 
any  person,  not  a city  marshal,  to  perform  any  act  in  his  name,  or  to 
sign  or  use  his  name  in  the  performance  of  any  act  which  can  be 
performed  only  by  a city  marshal  in  person.  (Charter  § 1430.) 

§ 232.  Violations. — Any  person  violating  any  of  the  provisions  of 
this  article  shall  be  punishable  by  imprisonment  for  a term  not 
exceeding  one  month,  or  by  a fine  not  exceeding  $200  for  each  offense. 
(Charter  § 1430.) 

ARTICLE  10 

CITY  SURVEYORS 

Sec.  240.  Appointment  of  surveyors;  oath  of  office. 

§ 241.  Maps  and  surveys. 

§ 242.  Fees. 

§ 243.  Assessment  work;  surveyors’  fees  to  be  assessed. 

§ 244.  Contract  certificates. 

Sec.  240.  Appointment  of  surveyors;  oath  of  office. — There  shall  be 
as  many  surveyors  appointed  for  the  city  as  the  board  of  aldermen 
shall  from  time  to  time  think  proper.  Each  city  surveyor,  before 
entering  upon  the  duties  of  his  office,  shall  take  an  oath  well  and  truly 
to  perform  the  same.  (C.  O.  §§  274,  275.) 

§ 241.  Maps  and  surveys. — Whenever,  in  the  proper  administra- 
tion of  the  duties  of  his  office,  the  president  of  any  borough  inay 
require  the  services  of  a city  surveyor  in  laying  out  and  regulating 
streets  and  roads,  making  maps  and  surveys  for  street  opening  pro- 
ceedings, laying  out  and  surveying  grounds  for  the  purpose  of  build- 
ing thereupon,  or  to  advise  and  direct  concerning  the  same,  he  shall 
have  the  authority  to  employ  such  one  of  the  city  surveyors  as  he 
may  designate  for  that  purpose.  fC.  O.  § 276.) 

§ 242.  Fees. — City  surveyors  employed  by  any  borough  president 
shall  receive  compensation  for  their  services  as  follows: 

1.  For  a preliminary  survey  in  regulating  a street  or  for  making  a 
country  road,  for  the  first  line  of  level  5 cents  per  linear  foot,  meas- 
uring through  the  centre  of  the  street  or  road,  and  for  each  additional 
line  of  level  13^  cents  per  linear  foot,  to  be  measured  in  the  same 
manner; 

2.  For  grading,  when  done  alone,  8 cents  per  linear  foot,  measuring 
through  the  centre  of  the  street; 


26 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


3.  For  grading  and  setting  curb  and  gutter,  when  done  under  the 
same  contract,  12  cents  per  linear  foot,  measuring  through  the  centre 
of  the  street; 

4.  For  grading  and  setting  curb  and  gutter  and  flagging  or  paving, 
when  done  under  the  same  contract,  14  cents  per  linear  foot,  meas- 
uring through  the  centre  of  the  street; 

5.  For  setting  curb  and  gutter  alone  4 cents  per  linear  foot  along 
the  line  of  the  work  done; 

6.  For  setting  curb  and  gutter  and  flagging  or  paving,  when  done 
under  the  same  contract,  but  not  in  connection  with  the  grading, 
12  cents  per  linear  foot,  measuring  through  the  centre  of  the  street; 

7.  For  flagging,  when  done  alone,  5 cents  per  linear  foot  along  the 
line  of  the  work  done; 

8.  For  fencing,  including  preliminary  survey,  5 cents  per  linear 
foot; 

9.  For  making  a country  road,  14  cents  per  linear  foot,  measuring 
through  the  centre  of  the  road; 

10.  For  establishing  a new  grade  line,  IJ^  cents  per  linear  foot, 
measuring  along  the  line; 

11.  For  making  the  necessary  surveys  and  furnishing  all  necessary 
copies  of  damage  maps  in  street  opening  proceedings,  3 cents  per 
linear  foot,  measuring  along  the  exterior  fine  of  the  street  and  along 
all  interior  boundary  lines  of  each  parcel  included  within  said  street 
lines;  and  for  assessment  lists  and  maps  for  street  openings  or  other 
improvements,  3 cents  per  linear  foot  of  map  front;  and  for  every 
additional  copy  of  hst  and  map  required,  2 cents  per  linear  foot  of 
map  front. 

No  surveyor’s  bill  shall  be  paid  until  the  same  shall  be  certified 
by  the  borough  president  employing  him.  A surveyor  employed  by 
one  of  the  borough  presidents  to  make  a survey,  the  compensation 
for  which  is  not  otherwise  provided,  shall  receive  such  compensation 
as  shall  be  a^eed  upon  in  writing  between  the  surveyor  and  the 
borough  president,  before  the  survey  or  work  be  undertaken,  and, 
after  the  completion  of  the  said  survey  or  work,  the  surveyor’s  bill 
shall  be  certified  by  the  borough  president,  in  accordance  with  the 
terms  of  such  agreement. 

In  all  cases  of  street  improvements,  when  the  same  is  required, 
the  surveyor  shall  furnish  to  the  borough  president,  a projection  or 
profile  and  such  drawing  and  calculations  as  may  be  required  by 
him,  without  extra  compensation. 

A surveyor  shall  be  entitled  to  receive  payment  for  a preliminary 
survey,  on  the  completion  of  the  same  to  the  satisfaction  of  the 
borough  president  employing  him.  He  shall  receive  payment  for 
all  services  on  the  completion  of  the  work  and  its  acceptance  by 
the  borough  president.  (C.  O.  §§  277,  278.) 

§ 243.  Assessment  work;  surveyors^  fees  to  he  assessed. — The  amount 
paid  a city  surveyor  for  any  of  the  services  mentioned  in  the  last 
preceding  section,  whenever  the  same  shall  have  been  rendered  in 
relation  to  any  improvement  or  work  for  which  an  assessment  may 
afterward  be  made,  shall  be  included  in  such  assessment.  (C.  O. 
§ 279.) 

§ 244.  Contract  certificates. — A surveyor  shall  be  entitled  to  receive 
$15  for  every  certificate  for  payment  to  a contractor  on  any  work 


ADMINISTRATIVE  PROVISIONS 


27 


done  by  contract  made  upon  public  advertising  and  letting,  which 
shall  be  paid  by  the  borough  president  making  the  contract,  and, 
except  as  herein  otherwise  provided,  no  surveyor  shall  be  entitled 
to  any  payment  for  a certificate  to  a contractor.  The  amount  so 
paid  for  a certificate  shall  be  deducted  from  the  payment  to  be  made 
to  the  contractor  on  account  of  the  work  certified  to  be  done. 

ARTICLE  11 

PUBLIC  ADMINISTRATOR 

Sec.  250.  Reports. 

§ 251.  Bank  accounts,  supervision  of  comptroller. 

§ 252.  Distribution  of  decedents^  assets. 

Sec.  250.  Reports. — The  public  administrator  of  the  county  of 
New  York  shall,  on  the  twentieth  day  of  December,  in  each  year, 
report  to  the  board  of  aldermen  the  titles  of  all  actions  prosecuted  by 
or  against  him,  and  then  pending  and  undetermined,  with  such  other 
information  in  respect  thereto  as  he  may  deem  necessary  or  proper. 
He  shall  report  to  the  comptroller  on  the  first  Thursday  of  each 
month,  and  oftener  if  required,  the  amount  of  moneys  received  by 
him  since  his  last  return  on  account  of  any  estate  upon  which  he  shall 
have  administered.  He  shall,  at  the  same  time,  report  to  the  board 
of  aldermen  a transcript  of  such  of  his  accounts  as  have  been  closed  or 
finally  settled,  and  of  those  on  which  any  money  has  been  received 
by  him  as  part  of  the  proceeds  of  any  estate  on  which  he  has  adminis- 
tered; he  shall  deposit  all  moneys  by  him  collected  and  received,  as 
required  by  law,  in  such  bank  as  the  corporation  counsel  shall  select 
from  the  designated  depositories  of  the  city's  moneys.  (C.  O. 
§§  15-17.) 

§ 251.  Bank  accounts y supervision  of  comptroller. — The  public 
administrator  of  the  county  of  New  York,  shall,  whenever  required, 
exhibit  to  the  comptroller  the  bank  book  showing  his  deposits,  and  all 
other  vouchers  and  documents  relating  to  his  office.  The  comptroller, 
before  signing  any  check  for  money  deposited,  shall  examine  the 
bank  book  showing  the  deposits,  and  the  vouchers  on  which  the 
check  is  required  to  be  drawn,  and  shall  satisfy  himself  fully  as  to  the 
correctness  thereof  and,  in  case  of  doubt  or  difficulty,  he  shall  report 
the  case  to  the  board  of  aldermen  for  its  direction.  (C.  O.  §§  18,  19.) 

§ 252.  Distribution  of  decedents^  assets. — The  comptroller  may 
distribute  and  pay  any  balance  of  an  intestate's  estate  remaining  in 
the  city  treasury  to  the  persons  legally  entitled  thereto,  whenever  he 
and  the  public  administrator  of  the  county  of  New  York  shall  be 
satisfied  that  the  person  claiming  the  same  is  legally  entitled  thereto; 
but,  if  they  be  not  satisfied  thereof,  they  shall  report  the  case  to  the 
board  of  aldermen  for  its  direction.  (C.  O.  § 20.) 

ARTICLE  12 

PUBLIC  EMPLOYMENT  BUREAU 

Sec.  260.  Organization  and  purpose. 

§ 261.  Records. 

§ 262.  Co-operation  with  kindred  agencies. 


28 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Sec.  260.  Organization  and  purpose, — There  shall  be  a public 
employment  bureau  in  and  for  the  city,  attached  to  the  department 
of  licenses,  with  the  principal  office  in  the  borough  of  Manhattan, 
and  a branch  office  in  such  other  boroughs,  as  may  be  deemed  neces- 
sary and  designated  by  the  commissioner  of  licenses,  for  the  purpose 
of  aiding  unemployed  persons  in  securing  employment  and  employers 
of  labor  in  securing  employees;  but  no  fee  shall  be  charged  by  the 
bureau,  or  any  officer  or  employee  thereof,  for  such  purpose.  The 
employees  of  the  bureau  shall  consist  of  such  assistants  and  clerks 
as  may  be  found  necessary  for  properly  carrying  on  its  work,  and 
they  shall  be  appointed  and  removed  by  the  commissioner  of  licenses 
in  accordance  with  the  rules  and  regulations  of  the  municipal  civil 
service  commission. 

§ 261.  Records. — There  shall  be  kept  in  the  principal  office  of  the 
bureau,  and  in  each  and  every  branch  office  thereof,  such  system  of 
records  as  may  be  necessary  properly  to  record  and  classify,  accord- 
ing to  trade  or  profession,  (1)  all  applicants  for  positions;  (2)  all 
positions  to  be  filled  as  reported  to  said  bureau;  (3)  all  persons  sent 
to  those  seeking  employees;  (4)  all  such  persons  who  secure  employ- 
ment, and  (5)  such  other  records  as  the  commissioner  may  deem 
necessary.  A report  of  the  transactions  of  each  branch  office  shall  be 
transmitted  daily  to  the  principal  office  of  the  bureau. 

§ 262.  Co-operation  with  kindred  agencies. — The  bureau  shall,  in  so 
far  as  it  may  be  feasible,  co-operate  with  such  employment  bureaus 
or  intelligence  offices  as  now  exist,  or  which  may  hereafter  be  estab- 
lished and  conducted  by  the  United  States  or  the  State  of  New  York. 
(Ord.  May  5,  1914). 

ARTICLE  13 

TAXES  AND  ASSESSMENTS 

Sec.  265.  Fees  for  searches. 

§ 266.  Apportionment  of  taxes. 

Sec.  265.  Fees  for  searches. — The  following  fees  shall  be  paid  to  and 
collected  by  the  collector  of  assessments  and  arrears,  for  the  benefit 
of  the  city  treasury,  on  his  furnishing  a bill  of  arrears  or  making 
searches  upon  a requisition  for  searches,  on  each  lot  or  piece  of 
property  mentioned  or  referred  to  therein,  namely: 

a.  In  respect  of  water  rents,  50  cents; 

b.  In  respect  of  taxes,  50  cents; 

c.  In  respect  of  assessments,  50  cents; 

d.  For  his  certificate  upon  any  such  bill  or  search,  when  requested, 

10  cents.  (C.  O.  § 77.) 

§ 266.  Apportionment  of  taxes. — When  several  lots  or  parcels  of 
land  belonging  to  different  persons  are  assessed  for  taxes  in  one  par- 
cel, the  comptroller  may  make  the  proper  apportionment  of  the  tax 
among  the  different  owners.  (C.  0.  § 29.) 

ARTICLE  14 

MISCELLANEOUS  REGULATIONS 

Sec.  270.  Bonds  of  city  officers. 


ADMINIRTRATIVE  PROVISIONS 


29 


Sec.  270.  Bonds  of  city  officers. — Before  entering  upon  the  duties  of 
his  office: 

1.  The  comptroller  shall  give  a bond  to  the  city,  conditioned  upon 
the  faithful  performance  of  the  duties  of  his  office,  in  the  penal  sum 
of  $200,000,  with  a surety  company  or  two  or  more  sufficient  sureties 
to  justify  in  double  the  amount  under  oath  before  a judge  of  the 
supreme  court,  on  notice  to  the  corporation  counsel,  whereupon  the 
same  shall  be  immediately  filed  with  the  city  clerk  by  the  comptroller; 

2.  The  chamberlain  shall  give  a bond  to  the  people  of  the  State  of 
New  York  in  the  sum  of  $300,000,  within  10  days  after  receiving 
notice  of  his  appointment,  with  not  less  than  four  sufficient  sureties, 
to  be  approved  by  the  comptroller,  conditioned  that  he  will  faithfully 
discharge  the  duties  of  his  office  and  all  trusts  imposed  on  him  by 
law; 

3.  Each  of  the  following  officers  or  employees  shall  execute  a bond 
to  the  city,  conditioned  for  the  faithful  performance  of  the  duties  of 
his  office,  with  one  or  more  sureties,  to  be  approved  by  the  comp- 
troller, except  in  the  cases  of  the  receiver  of  taxes  and  the  collector  of 
assessments,  whose  bonds  shall  be  approved  by  the  chamberlain,  in 


the  penal  sum  as  follows: 

Each  deputy  comptroller $ 10,000  00 

Receiver  of  taxes 25,000  00 

Collector  of  assessments  and  arrears 25,000  00 

Collector  of  city  revenue  and  superintendent  of  markets  15,000  00 

Each  deputy  collector  of  city  revenue 2,000  00 

Clerk  to  the  collector  of  city  revenue  and  superintendent 

of  markets 5,000  00 

City  clerk 20,000  00 

City  clerk^s  cashier 3,000  00 

Deputy  city  clerk,  borough  of  The  Bronx 1,000  00 

borough  of  Brooklyn 5,000  00 

borough  of  Queens 1,000  00 

borough  of  Richmond 1,000  00 

Commissioner  of  weights  and  measures  and  each  in- 
spector of  weights  and  measures 2,000  00 

Corporation  counsel 5,000  00 

Fire  commissioner  (as  treasurer  of  fire  department) . . . 20,000  00 

Police  commissioner  (as  trustee  of  police  pension  fund)  100,000  00 

Supervisor  of  the  City  Record 5,000  00 

Deputy  supervisor  of  the  City  Record 5,000  00 

Each  commissioner  of  public  works 10,000  00 

Water  register 15,000  00 

(Charter  §§  152,  351  and  C.  0.) 


30 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


CHAPTER  3 

Amusements  and  Exhibitions 

Article  1.  General  provisions. 

2.  Motion-picture  exhibitions. 

3.  Common  shows. 


ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Exhibitions  and  performances  to  be  licensed. 

§ 2.  Issue  of  licenses,  fee. 

§ 3.  Commutation  of  license  fee. 

§ 4.  Revocation  of  hcense. 

§ 5.  Unlicensed  performances  and  exhibitions. 

§ 6.  Preceding  sections  not  applicable  to  certain  performances. 

§ 7.  Exits,  to  be  numbered  and  indicated  on  programmes. 

§ 8.  Protection  against  fire  or  panic. 

§ 9.  Obstruction  of  aisles  and  passageways. 

§ 10.  Sunday  observance. 

§ 11.  Sale  of  liquors;  female  waiters. 

§ 12.  Ticket  speculators. 

§ 13.  Violations. 

Sec.  1.  Exhibitions  and  performances  to  he  licensed. — No  person 
shall  exhibit  to  the  pubhc  in  any  building,  garden  or  grounds,  concert- 
room  or  other  place  or  room  within  the  city,  any  interlude,  tragedy, 
comedy,  opera,  ballet,  play,  farce,  minstrelsy  or  dancing,  or  any 
other  entertainment  of  the  stage,  or  any  part  or  parts  thereof,  or 
any  equestrian,  circus  or  dramatic  performance,  or  any  performance 
of  jugglers,  or  rope  dancing,  or  acrobats,  until  a hcense  for  the  place 
of  such  exhibition  for  such  purpose  shall  have  been  first  had  and 
obtained,  as  hereinafter  provided.  (§  1472.  N.  Y.  Charter,  now  su- 
perseded by  this  ordinance  and  following  sections  as  provided  by  § 3 
of  the  Amendatory  Act  of  1901.) 

While  this  section  includes  public  entertainments  on  a stage,  The  Mayor  v.  Eden 
Musee  Co.,  102  N.  Y.  593,  it  has  been  held  not  to  apply  to  those  given  merely  to 
advertise  goods,  Weistblatt  v.  Bingham,  58  Misc.  328;  People  v.  Martin,  Deul,  J., 
N.  Y.  Law  Journal  Feb.  8,  1912;  People  v.  Campbell,  51  App.  Div.  565.  This 
section  is  practically  the  same  as  § 1998  of  the  Consolidation  Act,  L.  1882,  ch.  410, 
and  there  are  also  earlier  decisions  under  that  section.  In  Collister  v.  Hayman, 
183  N.  Y.  250,  it  was  held  this  section  conferred  no  new  rights  upon  the  patrons  of 
theatres. 

§ 2.  Issue  of  licenses^  fee.  The  commissioner  of  hcenses  is  hereby 
authorized  and  empowered  to  grant  and  issue  the  license  referred 
to  in  the  preceding  section,  to  continue  in  force  until  the  first  day 
of  May  next  ensuing  the  grant  thereof,  on  receiving  for  each  license 
so  granted,  and  before  the  issuing  thereof,  the  sum  of  $500;  pro- 
vided that  in  the  borough  of  Richmond  such  license  fee  shall  be 
$100.  Such  licenses  shall  be  uniform  and  may,  in  the  discretion 


AMUSEMENTS  AND  EXHIBITIONS 


31 


of  the  commissioner,  contain  provisions  and  conditions  which,  in 
his  judgment,  may  be  essential  for  the  welfare  and  benefit  of  the 
people  of  and  visitors  to  the  city,  including  provisions  and  condi- 
tions, respecting  the  tickets  or  other  tokens  entithng  their  holders 
to  admission  to  such  places,  and  respecting  the  hours  of  opening 
and  closing  thereof.  (Charter  § 1473.) 

§ 1473.  N.  Y.  Charter,  changed  by  giving  power  to  issue  license  to  Commissioner 
of  Licenses  instead  of  the  police  department.  It  has  been  frequently  held  that 
granting  the  license  was  discretionary,  not  to  be  controlled  by  mandamus  unless 
discretion  was  abused.  See  People  ex  rel.  Rota  v.  Baker,  136  App.  Div.  7 ; People 
ex  rel.  Armstrong  v.  Murphy,  65  App.  Div.  123;  People  ex  rel.  Worth  v.  Grant, 
58  Hun.  455.  Power  to  restrict  and  regulate  lawful  occupations  must  be  exercised 
with  care  to  right  of  individuals.  Great.  N.  Y.  Athletic  Club  v.  Wurster,  19 
Misc.  443  (Gay nor,  J). 

§ 3.  Commutation  of  license  fee.  The  commissioner  of  licenses 
is  hereby  authorized  to  grant  licenses  for  exhibitions  or  performances, 
as  provided  in  sections  1 and  2 of  this  article,  for  any  term  less  than 
one  year,  and  in  any  case  where  such  license  is  for  a term  of  three 
months  or  less,  he  is  hereby  authorized  to  commute  the  fee  therefor 
for  a sum  less  than  $500,  but  in  no  case  less  than  $250,  for  a theatre, 
or  $150  for  a circus,  concert-room  or  other  building  or  place  whatso- 
ever; provided  that  in  the  borough  of  Richmond  such  commutation 
of  license  fee  shall  be  $50.  (Ord.  Feb.  14,  1911,  as  amend.) 

§ 4.  Revocation  of  license. — Any  license  provided  for  by  the  pre- 
ceding sections  may  be  revoked  and  annulled  by  any  judge  or  justice 
of  a court  of  record,  upon  proof  of  a violation  of  any  provision  of 
this  article.  The  proof  shall  be  taken  before  such  judge  or  justice, 
upon  notice  of  not  less  than  two  days  to  show  cause  why  such  li- 
cense should  not  be  revoked.  He  shall  hear  the  proofs  and  allega- 
tions in  the  case  and  determine  the  same  summarily,  and  no  appeal 
shall  be  taken  from  his  determination.  Any  person  whose  license 
shall  have  been  revoked  or  annulled  shall  not  thereafter  be  entitled 
to  a license  under  any  provision  of  this  chapter.  On  any  examina- 
tion, pursuant  to  a notice  to  show  cause  as  aforesaid,  the  hcensee 
may  be  a witness  in  his  own  behalf.  (§  1476,  Charter.) 

This  section  must  be  construed  with  § 10,  infra,  which  provides  as  to  revocation 
for  Sunday  performances.  See  Matter  of  City  of  New  York,  131  App.  Div.  767. 
Also  see  People  ex  rel.  Hammerstein  v.  O’Gorman,  124  App.  Div.  222;  In  re  Sulli- 
van, 31  Misc.  1;  Matter  N.  Y.  Sabbath  Committee,  44  Misc.  422. 

§ 5.  Unlicensed  performances  and  exhibitions. — In  case  any  person 
shall  open  or  advertise  to  open  any  theatre,  circus  or  building,  gar- 
den or  ground,  concert-room  or  other  place,  for  any  exhibition  or 
performance  referred  to  in  section  1 of  this  article,  without  first 
having  obtained  a license  therefor,  as  provided  for  by  sections  2 or  3 
of  this  article,  the  corporation  counsel  may  apply  to  the  supreme 
court,  or  any  justice  thereof,  for  an  injunction  to  restrain  the  open- 
ing thereof  until  its  proprietor  shall  have  complied  with  the  require- 
ments of  those  sections,  and  also  with  such  order  as  to  costs  as  the 
court  or  justice  may  deem  just  and  proper  to  make,  which  injunc- 
tion may  be  allowed  upon  a complaint  in  the  name  of  the  city,  in 
the  same  manner  as  injunctions  are  now  usually  allowed  by  the 
practice  of  said  court.  Any  injunction  allowed  under  this  section 
may  be  served  by  posting  the  same  upon  the  outer  door  of  the  theatre 
or  circus  or  building  wherein  such  exhibition  may  be  proposed  to 
be  held;  or,  if  the  same  shall  be  in  a garden  or  grounds,  then  by 


32 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


posting  the  same  at  or  on  or  near  the  entrance  way  to  any  such 
place  of  exhibition.  In  case  of  any  proceeding  against  the  manager 
or  proprietor  of  any  such  theatre,  circus  or  building,  or  garden  or 
grounds,  as  aforesaid,  it  shall  not  be  necessary  to  prove  the  personal 
service  of  the  injunction,  but  the  service  hereinbefore  provided 
shall  be  deemed  and  held  sufficient.  (Charter  § 1479.) 

(See  Wallack  v.  Society,  67  N.  Y.  23.) 

§6.  Preceding  sections  not  applicable  to  certain  performances. — 
The  provisions  and  requirements  of  the  preceding  sections  of  this 
article,  shall  not  be  held  to  apply  to  any  building,  hall,  room  or 
rooms,  in  which  only  private  theatricals,  tableaus  and  other  exhibi- 
tions for  charitable  and  religious  purposes  are  given,  nor  to  the 
manager  of  exhibitions  given  by  amateurs  for  the  benefit  of  any 
church,  mission,  parish  or  Sunday  school,  or  for  any  other  charitable 
or  rehgious  purpose;  nor  shall  the  same  be  held  to  apply  to  any 
masonic  temple;  nor  to  the  trustees  of  any  masonic  hall  and  asylum 
fund,  so  long  as  the  revenues  of  said  temple  shall  continue  to  be  ap- 
plied to  the  use  of  the  masonic  hall  and  asylum,  or  other  charitable 
purpose;  nor  to  the  Educational  Alliance,  nor  to  the  directors  or  of- 
ficers thereof,  as  such,  with  respect  to  any  building  which  shall  in 
whole  or  in  part  be  owned  or  leased,  by  said  Alliance,  while  so  owned 
or  leased,  or  so  long  as  the  revenue  thereof  shall  continue  to  be  ap- 
plied to  the  support  of  the  Alliance  and  to  the  religious,  charitable, 
social,  educational  or  literary  purposes  thereof.  (Charter  § 1480.) 

§ 7.  Exits,  to  he  numbered  and  indicated  on  programmes. — The 
owner,  lessee,  manager,  or  other  person  having  charge  or  control 
of  any  theatre  shall  cause  each  and  every  door  and  means  of  exit, 
for  use  in  case  of  fire  or  panic,  to  be  numbered  conspicuously,  so 
as  to  be  visible  to  the  audience  by  whom  the  same  may  be  used,  and 
shall  have  or  cause  to  be  printed  in  conspicuous  type,  on  the  pro- 
gramme or  bill  of  the  play,  a plan  or  diagram  and  explanation  show- 
ing each  of  said  exits  thereon,  and  referring  to  the  numbers  afore- 
said. (Charter  § 1487.) 

§ 8.  Protection  against  fire  or  panic. — The  fire  commissioner  may 
detail,  not  to  exceed  two  members  of  the  uniformed  force  of  the 
fire  department,  to  each  and  every  place  of  amusement  where  ma- 
chinery or  scenery  are  in  use,  while  such  place  is  open  to  the  public. 
Their  duty  shall  be  to  guard  against  fire,  to  take  charge  and  con- 
trol of  the  means  provided  for  its  extinguishment,  and  control 
and  direct  the  employees  of  the  place  to  which  they  may  be  de- 
tailed in  the  extinction  of  any  fire  which  may  occur  therein.  A mem- 
ber of  the  uniformed  force  on  such  detail  shall  inspect  every  portion 
of  the  building  to  which  he  may  be  detailed,  during  each  public 
performance  therein,  for  the  purpose  of  guarding  and  protecting 
the  occupants  from  fire  or  panic.  In  all  places  of  public  amusement 
or  entertainment,  not  included  in  the  foregoing  provisions  of  this 
section,  except  in  fireproof  buildings,  there  shall  be  employed  by 
the  owner  or  proprietor  thereof  one  or  more  watchmen,  whose  ex- 
clusive duty  it  shall  be  to  protect  and  guard  the  inmates  of  such 
buildings  from  fire  and  other  sources  of  danger.  (Ord.  Dec.  19,  1911 
in  part.) 

§ 9.  Obstruction  of  aisles  and  passageways. — -Whenever  any  mem- 
ber of  the  uniformed  force  of  the  fire  department  shall  discover  in 


AMUSEMENTS  AND  EXHIBITIONS 


33 


any  inside  aisle  or  passageway  in  any  such  place  of  amusement, 
any  camp  stool,  chair,  sofa,  or  other  obstruction,  or  any  person 
standing  or  sitting  therein,  during  any  public  performance,  he  shall 
forthwith  notify  the  proprietor  or  manager  of  such  place  of  amuse- 
ment, or  any  usher,  agent  or  other  employee  of  such  proprietor  or 
manager  then  present,  to  cause  the  obstruction  to  be  forthwith 
removed,  or  to  cause  the  person  standing  or  sitting  in  such  aisle  or 
passageway  to  forthwith  vacate  the  same,  except  as  hereinafter 
provided.  If  such  manager,  proprietor,  usher,  agent,  or  employee 
shall  cause  or  permit  any  camp  stool,  chair,  sofa,  or  other  obstruction 
to  be  placed  or  remain  in  any  aisle  or  passageway  in  any  such  place 
of  amusement,  or  shall  cause,  or  permit,  any  person  to  stand  or  sit 
therein,  during  any  pubhc  performance,  or,  having  been  so  notified, 
shall  neglect  or  refuse  to  cause  such  obstruction  to  be  forthwith 
removed,  or  such  person  to  forthwith  vacate  the  aisle  or  passageway, 
they  shall  each  severally  be  deemed  to  have  violated  the  provisions 
and  requirements  of  this  section;  provided,  however,  that  where 
there  is  a passageway  in  the  rear  of  the  seats  in  such  place  of  amuse- 
ment, more  than  6 feet  in  depth,  it  shall  be  lawful  to  permit  persons 
to  stand  therein,  as  follows: 

a.  Standing  in  passageways.  If  the  passageway  is  more  than 
6 feet  and  less  than  16  feet  deep  persons  may  stand  therein,  pro- 
vided an  unobstructed  passageway  of  at  least  6 feet  in  depth  is  left 
open,  and  there  are  no  more  than  4 rows  of  persons  standing;  if 
the  passageway  is  more  than  16  feet  deep,  any  number  of  persons 
or  rows  of  persons  may  stand  therein,  provided  that  an  unobstructed 
passageway  of  at  least  10  feet  in  depth  is  left  open;  and  in  places  of 
amusement  having  a passageway  in  the  rear  of  the  seats,  6 feet  or 
less,  in  depth,  but  having  in  addition  an  outer  passageway  in  the 
rear  thereof,  to  which  all  aisle  heads  have  straight  and  direct  access, 
2 rows  of  persons  may  be  permitted  to  stand  in  such  passageway 
in  the  rear  of  such  seats,  but  under  no  circumstances  more  than  2 
such  rows; 

b.  Standing  in  balconies.  In  balconies  or  galleries,  only  one  row 
of  persons  shall  be  permitted  to  stand; 

c.  Standing  room  to  he  indicated.  The  space  to  be  occupied  by  said 
standees  shall  be  separated  from  the  space  to  be  left  clear  for  passage, 
by  tape,  ribbon  or  other  easily  broken  material,  supported  by  light 
posts  fixed  in  stationary  sockets  and  not  less  than  3 nor  more  than 
4 feet  from  the  floor;  all  to  be  so  constructed  and  placed  as  to  be  no 
obstruction  in  case  of  panic  or  emergency; 

d.  Standing  in  aisles.  But  in  no  event,  nor  under  any  circum- 
stances, shall  any  person  be  allowed  to  stand  in  or  at  the  head  of 
any  aisle. 

(Ord.  Dec.  19,  1911,  in  part.)  See  also  Building  Code  (ch.  5,  Art.  23)  as  to  build- 
ings of  a public  character  and  requirements  for  public  safety.  That  aisles  and  pas- 
sageways in  theatres  should  be  kept  free  and  clear  has  been  repeatedly  held,  see 
Fire  Dept.  v.  Stetson,  14  Daly,  125;  Fire  Dept.  v.  Hill,  14  N.  Y.  Supp.  158;  Sturgis 
V.  Coleman,  38  Misc.  302.  In  Sturgis  v.  Grau,  39  Misc.  330,  it  was  held  the  space 
was  not  a passageway.  Blocking  aisles  in  a motion-picture  theatre  held  violation 
§ 1530,  Penal  Law.  Russell,  C.  J.,  People  v.  Marks,  N.  Y.  Law  Journal,  Feb.  15, 
1913. 

§ 10.  Sunday  observance. — No  person  shall  exhibit  on  the  first 
day  of  the  week,  commonly  called  Sunday,  to  the  public,  in  any 
3 


34 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


building,  garden,  grounds,  concert-room  or  other  room  or  place 
within  the  city,  the  performance  of  any  tragedy,  comedy,  opera, 
ballet,  farce,  negro  minstrelsy,  negro  or  other  dancing,  wrestling, 
boxing,  with  or  without  gloves,  sparring  contest,  trial  of  strength, 
or  any  part  or  parts  thereof,  nor  any  circus,  equestrian  or  dramatic 
performance  or  exercise,  nor  any  performance  or  exercise  of  jugglers, 
acrobats,  club  performances  or  rope  dancers;  but  nothing  herein 
contained  shall  be  deemed  to  prohibit  at  any  such  place  or  places 
on  the  first  day  of  the  week,  commonly  called  Sunday,  sacred  or 
educational,  vocal  or  instrumental  concerts,  lectures,  addresses, 
recitations  and  singing,  provided  that  such  above  mentioned  en- 
tertainments shall  be  so  given  as  not  to  disturb  the  public  peace 
or  amount  to  a serious  interruption  of  the  repose  and  rehgious  liberty 
of  the  community.  Any  person  wilfully  ofending  against  the  pro- 
visions of  this  section,  and  every  person  knowingly  aiding  in  such 
exhibitions,  except  as  herein  provided,  by  advertisements  or  other- 
wise, and  every  owner  or  lessee  of  any  building,  part  of  a building, 
grounds,  garden  or  concert-room,  or  other  room  or  place,  who  shall 
lease  or  let  out  the  same  for  the  purpose  of  any  such  exhibition  or 
performance,  except  as  herein  provided,  or  assent  that  the  same 
be  used  for  any  such  purpose,  shall  be  subject  to  a penalty  of  $500, 
which  penalty  the  corporation  counsel  is  hereby  authorized  to 
prosecute,  sue  for  and  recover;  and,  on  the  recovery  of  a judgment 
for  the  penalty  herein  provided,  against  any  manager,  proprietor, 
owner  or  lessee,  consenting  to  or  causing  or  allowing,  or  letting  any 
part  of  the  building  for  the  purpose  of  any  exhibition  or  performance, 
prohibited  by  this  section,  the  license  which  shall  have  been  pre- 
viously obtained  by  such  manager,  proprietor,  owner  or  lessee  shall 
be  of  itself  vacated  and  annulled.  (Ord.  Dec.  19,  1907,  with  sfight 
changes.) 

The  ordinance  is  not  to  be  deemed  invalid  because  Penal  Code  makes  the  same 
offense  a misdemeanor.  City  N.  Y.  v.  Alhambra  Theatre  Co.,  136  App.  Div.  509; 
aff’d.  202  N.  Y.  528.  An  ordinance  forbidding  any  show  to  be  given  for  pay  on 
Sunday  in  Yonkers,  held  to  be  reasonable.  Hamilton  v.  Lennon,  Mayor  Yonkers, 
N.  Y.  Law  Journal,  Jan.  21,  1915. 

§ 11.  Sale  of  liquors;  female  waiters. — No  wine,  beer  or  strong  or 
spirituous  liquors  shall  be  sold  or  furnished  to  any  person  in  the 
auditorium  or  lobbies  of  any  place  of  exhibition  or  performance 
mentioned  in  section  1 of  this  title,  nor  in  any  apartment  connected 
therewith  by  any  door,  window,  or  other  aperture,  except  that  the 
commissioner  of  licenses  may,  in  his  discretion,  and  subject  to  such 
regulations  and  restrictions  as  he  may  determine,  permit  the  same 
to  be  sold  or  furnished  while  concerts,  consisting  of  vocal  or  instru- 
mental music  only,  are  being  given  in  a place  duly  licensed  by  him 
as  herein  provided.  Such  permission  shall  only  be  operative  so  long 
as  it  shall  be  lawful  under  the  laws  of  this  state  to  sell  or  furnish 
wine,  beer  or  stronger  spirituous  liquors  at  such  place,  and  may  be 
revoked  at  any  time  by  the  commissioner.  No  person  shall  employ 
or  furnish  or  permit  or  assent  to  the  employment  or  attendance  of 
any  female  to  wait  on,  or  attend  in  any  manner,  or  furnish  refresh- 
ments to  the  audience  or  spectators,  or  any  of  them,  at  any  of  the 
exhibitions  or  performances  mentioned  in  said  section,  or  at  any 
other  place  of  public  amusement  in  the  city. 


AMUSEMENTS  AND  EXHIBITIONS 


35 


The  provisions  of  this  section  shall  not  be  construed  to  interfere 
with  the  right  of  any  incorporated  or  other  society,  organized  and 
maintained  for  the  cultivation  of  vocal  or  instrumental  music,  to 
exercise  and  practice  the  same  in  good  faith  for  themselves  only, 
and  not  for  the  observation  and  entertainment  of  the  public;  nor 
shall  the  use  or  occupation  by  any  such  society  for  the  purposes 
aforesaid  of  any  hall  or  room,  connected  with  any  place  wherein  by 
the  laws  of  this  state  it  is  lawful  to  sell  wine,  beer,  or  strong  or  spir- 
ituous liquors,  be  construed  to  make  such  hall  or  room  a place  of 
public  amusement,  within  the  provisions  of  this  act.  No  license 
shall  be  granted  for  any  exhibition  or  performance,  given  in  violation 
of  this  section,  and  any  and  every  exhibition  and  performance  at 
which  any  of  the  provisions  of  this  section  shall  be  violated,  shall  of  it- 
self vacate,  annul  and  render  void  and  of  no  effect  any  license  which 
shall  have  been  previously  obtained  by  any  manager,  proprietor, 
owner  or  lessee  consenting  to,  causing,  allowing  or  letting  any  part 
of  a building  for  the  purpose  of  such  exhibition  and  performance. 
(Charter  §§  1483,  1484.) 

§ 12.  Ticket  speculators. — No  person  shall  conduct  on  or  in  any 
street  in  the  city,  the  business  of  selling  or  offering  for  sale  any  ticket 
of  admission,  or  any  other  evidence  of  any  license,  contract  or  right 
of  entry  to  any  performance  or  exhibition,  in  or  about  the  premises 
of  any  duly  licensed  theatre,  concert  hall,  place  of  public  amusement, 
circus,  common  show,  or  any  place  of  public  amusement  for  which  a 
license  is  not  required  by  law;  nor  shall  any  person  solicit,  by  words, 
signs,  circulars  or  other  means,  any  person  to  purchase  any  such 
ticket  upon  any  street.  Any  person  who  shall  violate  any  provision 
of  this  section,  shall,  upon  conviction  thereof,  be  punished  as  pro- 
vided in  § 10  of  chapter  27  of  this  ordinance.  (Ord.  Feb.  16,  1911.) 

§ 13.  Violations. — Except  as  otherwise  specifically  provided 
therein,  any  person  who  shall  violate,  or  refuse  or  neglect  to  comply 
with,  any  provision  of  this  article  shall,  upon  conviction  thereof, 
be  punished  by  a fine  of  not  more  than  $500  or  by  imprisonment  for 
not  more  than  6 months,  or  by  both  such  fine  and  imprisonment; 
and  any  such  person  shall,  also,  for  each  offense,  be  subject  to  the 
payment  of  a penalty  in  the  sum  of  $250,  to  be  recovered  in  a civil 
action  brought  in  the  name  of  the  city.  (Charter  § 1477;  also  § 1482, 
1485  and  Ord.  Dec.  19,  1907.) 

ARTICLE  2 

MOTION  PICTURE  EXHIBITIONS 

Sec.  30.  Definitions. 

§ 31.  Control  of  motion-picture  theatres. 

§ 32.  Licenses. 

§ 33.  Application  for  motion-picture  theatre  licenses. 

§ 34.  Means  of  egress. 

§ 35.  Fire  prevention. 

§ 36.  Fire  extinguishing  appliances. 

§ 37.  Heating. 

§ 38.  Lighting. 

§ 39.  Ventilating. 


30 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 40.  Sanitation. 

§ 41.  Public  morals. 

§ 42.  Private  or  non-professional  exhibitions  of  motion  pictures. 

§ 43.  Operators  of  motion-picture  machines. 

§ 44.  Violations. 

Sec.  30.  Definitions. — Unless  otherwise  expressly  stated,  whenever 
used  in  this  article,  the  following  terms  shall  respectivelv  be  deemed 
to  mean : 

1.  Motion-pictures,  a display  on  a screen  or  other  device  of  pictures 
or  objects  in  motion  or  rapidly  changing  scenery,  whether  or  not  such 
display  shall  be  accompanied  by  a lecture,  recitation  or  vocal  or 
instrumental  music; 

2.  Motion-picture  theatre,  any  public  hall  or  room  in  which  motion- 
pictures  are  displayed,  in  which  the  seating  capacity  does  not  exceed 
600  persons  and  in  which  there  is  no  stage  or  scenery; 

3.  Open-air  motion-picture  theatre,  any  public  place  or  space  in  the 
open  air,  in  which  motion  pictures  are  ediibited  and  in  which  there 
is  no  stage  or  scenery.  (Ord.  July  8,  1913,  §§  352a,  352b.) 

§ 31.  Control  of  motion-picture  theatres. — The  commissioner  of 
licenses  shall  regulate  and  control  all  motion-picture  theatres  and 
open-air  motion-picture  theatres.  The  commissioner  shall  appoint 
such  inspectors  as  may  be  necessary  to  carry  out  the  provisions  of 
this  article.  (Id.,  § 352c.) 

Granting  a license  is  in  discretion  of  mayor  and  not  abuse  when  refused  near  a 
school.  People  ex  rel.  Moses  v.  Gaynor,  77  Misc.  576. 

When  moving-pictures  were  new  and  before  this  ordinance  there  was  a question 
whether  they  were  common  shows,  Weisblatt  v.  Bingham,  58  Misc.  328;  People  v. 
Wacke,  77  Misc.  196. 

§32.  Licenses. — 1.  Issue  and  re-issue.  All  motion-picture  theatres 
and  open-air  motion-picture  theatres  must  be  duly  licensed.  The 
commissioner  may  grant  and  issue  any  license  required  by  this  sec- 
tion. Motion-picture  theatre  licenses  and  open-air  motion-picture 
theatre  licenses  shall  expire  on  the  30th  day  of  June  next  succeeding 
the  date  of  the  issue  thereof. 

2.  Fees.  License  fees  shall  be  as  follows: 

For  each  motion-picture  theatre,  $100; 

For  each  open-air  motion-picture  theatre,  $50; 

For  motion-picture  theatre  licenses,  and  open-air  motion-picture 
theatre  licenses  issued  between  the  1st  day  of  January  and  the  30th 
day  of  June,  inclusive,  of  any  year,  one-half  the  above  mentioned  fee 
shall  be  paid.  (New.) 

§ 33.  Application  for  motion-picture  theatre  licenses. — Applications 
for  motion-picture  theatre  licenses  or  for  open-air  motion-picture 
theatre  licenses  shall  be  made  to  the  commissioner  of  licenses,  who 
shall  pass  upon  the  location  of  the  theatre  and  upon  the  character 
of  the  applicant  for  the  license  without  delay.  Upon  the  application 
for  the  issue  or  reissue  of  a license  for  a motion-picture  theatre  or  an 
open-air  motion-picture  theatre,  the  commissioner  shall  request  the 
fire  department,  the  department  of  water  supply,  gas  and  electricity, 
the  department  of  health,  and  the  bureau  of  buildings  of  the  borough 
in  which  such  theatre  is  located,  to  inspect  the  same,  and  the  said 
departments  and  the  appropriate  bureau  of  buildings  shall,  within 


AMUSEMENTS  AND  EXHIIUTIONS 


37 


ten  days  after  receiving  such  requests,  file  in  the  department  of 
licenses  detailed  written  reports,  which  shall  include  a statement  of 
any  violation  of  law,  ordinance,  rule  or  regulation  relating  to  such 
structure,  and  any  dangerous  condition  existing  therein.  Upon  the 
failure  of  any  department  or  bureau,  except  the  fire  department  and 
the  bureau  of  buildings  having  jurisdiction,  to  file  such  report,  the 
commissioner  may  disregard  such  department  or  bureau  and,  in 
his  discretion,  may  issue  a license.  Each  applicant  for  a license  for  a 
motion-picture  theatre  or  an  open-air  motion-picture  theatre,  shall 
file  plans  and  specifications  for  the  theatre  with  the  bureau  of  build- 
ings of  the  borough  in  which  the  theatre  is  situated,  or  is  to  be  erected 
or  constructed,  and  a copy  of  such  plans  and  specifications,  duly 
approved  by  the  appropriate  superintendent  of  buildings,  shall  be 
filed  in  the  department  of  licenses  with  the  application  for  the  license. 
(Id.,  § 352c  rearranged.) 

§ 34.  Means  of  egress. — 1.  Indication.  Over  every  exit  there  must 
be  painted  on  the  inside  in  letters  not  less  than  6 inches  high,  the 
word  “Exit’^  in  legible  type,  and  one  red  light  or  illuminated  sign 
must  be  placed  inside  over  each  exit,  and  illuminated  while  the 
audience  is  present. 

2.  Obstruction j prohibited.  All  exit  doors  and  doors  leading  to 
fire-escapes  in  all  motion-picture  theatres  and  open-air  motion- 
picture  theatres  must  be  unlocked  when  the  theatres  are  open  to  the 
public.  All  passageways  and  exits  to  the  street  required  by  law 
or  ordinance  must  be  kept  free  and  clear,  and  shall  be  used  for  no 
other  purpose  than  for  entrance  and  exit  to  and  from  the  theatre. 
No  aisle,  passageway  or  space  in  the  rear  of  the  seats  in  such  a theatre 
shall  be  obstructed  by  any  camp  stool,  chair,  sofa,  or  settee,  nor  shall 
any  person  be  permitted  to  stand  or  sit  therein.  (Id.,  § 352D.) 

Obstructing  aisle  a misdemeanor  under  § 1530,  Penal  Law.  People  v.  Marks, 
N.  Y.  Law  Journal,  Feb^l5,  1913. 

§ 35.  Fire  prevention. — 1.  Care  of  films.  Every  booth  in  which  a 
motion-picture  projecting  machine  shall  be  operated  shall  contain  an 
approved  fireproof  box  for  the  storage  of  all  picture  films  not  on  the 
projecting  machine,  and  films  shall  not  be  stored  in  any  other  place 
on  the  premises.  No  film  shall  be  rewound  and  repaired  in  a motion 
picture  theatre,  except  in  the  booth  or  in  some  other  enclosure 
approved  as  fireproof  by  the  fire  commissioner.  The  requirements 
of  this  section  shall  apply  to  portable  booths  and  booths  in  open-air 
theatres,  as  well  as  to  motion-picture  theatres.  (Id.,  §§  352D,  352E.) 

“2.  Cellars.  The  basement  or  cellar  under  the  auditorium  shall  be  kept  free  and 
clear,  except  the  space  used  for  the  heating  apparatus,  for  machinery  connected 
with  the  theatre  and  for  coal.” 

§ 36.  Fire  extinguishing  appliances. — Portable  fire  extinguishing 
appliances,  approved  by  the  fire  commissioner,  shall  be  provided  in 
every  motion-picture  theatre  and  open-air  motion-picture  theatre, 
of  the  following  kind  and  number: 

1.  10-quart  capacity  buckets,  painted  red  with  the  word  “Fire'' 
in  black,  the  letters  4 inches  high,  to  the  number  of  6 for  places  seating 
less  than  300  without  a gallery,  and  2 additional  if  there  be  a gallery, 
and  to  the  number  of  10  in  places  seating  over  300  persons,  and  4 
additional  buckets  if  there  be  a gallery; 

2.  Fire  extinguishers,  approved  by  the  fire  commissioner,  of  which 


38 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


2 shall  be  on  the  main  floor  and  2 in  the  gallery,  if  there  be  one,  and 
1 in  the  operating  booth; 

3.  4-pound  flat-head  axes,  2 of  which  shall  be  on  the  main  floor 
and  2 in  the  gallery,  if  there  be  one; 

4.  2 buckets  filled  with  dry  sand,  to  be  kept  in  the  operating  booth. 
(Id.,  § 352D.) 

§ 37.  Heating. — When  the  temperature  of  the  outdoor  air  is  below 
60  degrees  F.,  the  air  in  a motion-picture  theatre,  while  an  audience 
is  present,  shall  be  maintained  at  a temperature  not  lower  than  62 
degrees  F.  nor  higher  than  70  degrees  F.  If  gas  stoves,  oil  stoves  or 
other  apparatus  throwing  off  products  of  combustion  are  used  to  heat 
such  a theatre,  said  products  of  combustion  must  be  carried  to  the 
outside  air  by  means  of  a fireproof  flue  or  flues.  No  radiator  shall  be 
placed  in  the  aisles  of  such  a theatre,  so  as  to  lessen  the  width  below 
the  minimum  requirement. 

§ 38.  Lighting. — Every  portion  of  a motion-picture  theatre,  as 
defined  aforesaid,  including  exits,  courts  and  corridors  devoted  to  the 
uses  or  accommodation  of  the  public,  shall  be  so  lighted  by  electric 
light,  during  all  exhibitions  and  until  the  entire  audience  has  left 
the  premises,  that  a person  with  normal  eyesight  should  be  able  to 
read  the  Snellen  standard  test  type  40  at  a distance  of  20  feet,  and 
type  30  at  a distance  of  10  feet;  normal  e3^esight  meaning  ability  to 
read  type  20  at  a distance  of  20  feet,  in  daylight.  Cards  showing 
types  20,  30  and  40  shall  be  displayed  on  the  side  walls,  together  with 
a copy  of  this  section. 

§ 39.  Ventilating. — Motion-picture  theatres,  as  defined  aforesaid, 
having  less  than  200  cubic  feet  of  air  space  for  each  person,  or  motion- 
picture  theatres  in  which  the  outside  window  and  door  area  is  less 
than  one-eighth  of  the  floor  area,  shall  be  provided  with  artificial 
means  of  ventilation  which  shall  supply,  during  the  time  when  the 
audience  is  present,  at  least  500  cubic  feet  of  fresh  air  per  hour  for 
each  person. 

Motion-picture  theatres  having  more  than  200  cubic  feet  of  air 
space  for  each  person,  or  having  outside  windows  and  doors  the  area 
of  which  is  equal  to  at  least  one-eighth  of  the  floor  area,  shall  be 
provided  with  artificial  means  of  ventilation,  that  shall  be  in  oper- 
ation when  the  outside  temperature  requires  the  windows  to  be  kept 
closed,  and  which  shall  supply,  during  the  time  the  audience  is 
present,  at  least  500  cubic  feet  of  fresh  air  per  hour  for  each  person. 
When  the  artificial  ventilation  is  not  in  operation,  ventilation  by 
means  of  open  doors  and  windows  shall  be  sufficient  to  provide  each 
person  with  500  cubic  feet  of  fresh  air  per  hour. 

Motion-picture  theatres  having  more  than  1,000  cubic  feet  of  air 
space  for  each  person  and  having  outside  windows  and  doors,  the 
area  of  which  is  equal  to  at  least  one-eighth  of  the  total  floor  area, 
shall  not  be  required  to  have  artificial  means  of  ventilation,  provided 
the  air  is  thoroughly  changed  by  freely  opening  doors  and  windows, 
immediately  before  the  admission  of  the  audience  and  at  least  every 
4 hours  thereafter. 

No  part  of  the  fresh  air  supply  required  by  any  paragraph  of  this 
section  shall  be  taken  from  any  source  containing  vitiated  air.  The 
area  of  outside  doors  and  windows  shall  mean  the  area  capable  of 
being  freely  opened  to  the  outside  air  for  ventilation  purposes.  When 


AMUSEMENTS  AND  EXHIBITIONS 


30 


fresh  air  is  supplied  by  means  of  ventilating  openings,  at  least  1 inlet 
shall  be  situated  at  one  end  of  the  room,  and  at  least  1 outlet  at  the 
other  end  of  the  room.  Where  exhaust  or  inlet  fans  are  necessary, 
at  least  1 of  such  fans  shall  be  placed  in  an  outlet  opening.  The  inlet 
opening  or  openings  shall  be  placed  in  the  floor  or  within  2 feet  from 
the  floor,  and  the  outlet  opening  or  openings  in  the  ceihng,  or  within 
2 feet  of  the  ceiling.  The  inlet  openings  and  their  surroundings  shall 
be  kept  free  from  dust,  so  that  the  incoming  air  shall  not  convey  dust 
nor  stir  up  dust  as  it  enters. 

During  the  time  spectators  are  present,  the  air  in  the  theatre  shall 
be  kept  continuously  in  motion  by  means  of  fans  to  the  number  of  at 
least  1 to  every  150  persons.  Such  fans  shall  be  placed  in  positions 
remote  from  the  inlet  and  outlet  openings.  No  person  shall  be  ex- 
posed to  any  direct  draft  from  any  air  inlet. 

§ 40.  Sanitation. — 1.  Toilets.  Separate  toilets  for  each  sex  must 
be  provided  in  every  motion-picture  theatre  and  open-air  motion- 
picture  theatre. 

2.  Cleanliness.  All  motion-picture  theatres  shall  be  kept  clean  and 
free  from  dust.  Their  floors,  where  covered  with  wood,  tiles,  stone, 
concrete,  hnoleum,  or  other  washable  material,  shall  be  mopped  or 
scrubbed  with  water,  or  swept  with  moisture  or  by  some  dustless 
method,  at  least  once  daily,  and  shall  be  scrubbed  with  water  and 
soap  or  water  and  some  other  solvent  substance,  at  least  once  weekly. 
All  carpets,  rugs  and  other  fabric  floor  coverings  in  such  theatres 
shall  be  cleaned  at  least  once  daily,  by  suction  cleaning,  beating  or 
dustless  sweeping.  Curtains  and  draperies  shall  be  cleaned  at  least 
once  monthly,  by  suction  cleaning,  beating  or  washing.  Cornices, 
walls  and  other  dust-holding  places  shall  be  kept  free  from  dust  by 
washing  or  moist  wiping.  The  wood  and  metal  parts  of  all  seats  shall 
be  kept  clean.  Fabric  upholstering  of  seats  and  railings  and  other 
fixed  fabrics  shall  be  cleansed  by  suction  cleaning,  or  other  dustless 
method,  at  least  once  monthly.  (Id.,  § 352F.) 

§ 41.  Public  morals. — The  inspectors  of  the  department  of  hcenses 
shall  investigate  the  character  of  exhibitions  in  motion-picture 
theatres  and  open-air  motion-picture  theatres,  and  shall  report  to 
the  commissioner  any  offense  against  morahty,  decency  or  public 
welfare  committed  in  said  exhibitions.  (Id.,  § 352G.) 

§ 42.  Private  or  non-professional  exhibitions  of  motion-pictures. — 
The  provisions  of  this  article  shall  not  apply  to  motion-picture 
exhibitions,  with  or  without  charge  for  admission,  conducted  under 
the  direct  management  of  educational  or  religious  institutions,  nor 
to  motion-picture  exhibitions,  without  charge  for  admission,  given 
or  held  not  more  than  once  a week  in  private  residences  or  in  bona 
fide  social,  scientific,  pohtical  or  athletic  clubs,  provided: 

1.  Before  motion-pictures  shall  be  exhibited  in  any  of  the  places 
above  mentioned,  there  shall  be  obtained  from  the  commissioner  of 
licenses  a permit  for  such  exhibition; 

2.  Before  granting  such  permit,  the  commissioner  shall  cause  to 
be  inspected  the  premises  where  it  is  proposed  that  exhibition  shall 
be  held,  and  shall  grant  the  permit  if,  in  his  judgment,  the  safety  of 
the  public  be  properly  guarded,  and  provided  that,  for  an  audience 
of  more  than  75  people,  all  chairs  or  seats  shall  be  securely  fastened 
to  the  floor  or  fastened  together  in  rows; 


40 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


3.  The  apparatus  for  projecting  such  motion-pictures  shall  be 
contained  in  a fire-proof  booth  or  enclosure,  constructed  as  required 
by  law;  or,  where  a motion-picture  machine  is  used  in  such  an  exhibi- 
tion the  machine  may  be  enclosed  in  an  unventilated  fire-proof  box, 
of  a size  sufficient  to  enclose  the  machine  properly,  to  be  approved  by 
the  fire  commissioner  ; 

4.  Every  such  exhibition  shall  be  subject  to  the  inspection  of  the 
officers  and  inspectors  of  the  department  of  licenses,  for  the  pur- 
poses of  this  article.  (Id.,  §§  352  H,  352 1.) 

§ 43.  Operators  of  motion-picture  machines. — License  required. 
No  person  shall  operate  any  motion-picture  apparatus  or  any  con- 
nection thereof,  unless  he  shall  have  been  duly  hceiised  as  hereinafter 
provided. 

2.  Application  for  license.  Any  person  desiring  to  act  as  a motion- 
picture  operator  shall  make  application  for  a license  as  such  to  the 
commissioner  of  water  supply,  gas  and  electricity,  who  shall  furnish 
to  each  appficant  blank  forms  of  application  which  he  shall  fill  out 
and  file  with  the  commissioner. 

3.  Examination.  The  commissioner  shall  make  rules  and  regula- 
tions governing  the  examination  of  apphcants  and  the  issuance  of 
hcenses  and  certificates;  provided  that  each  applicant  shall  be  given 
a practical  examination,  under  the  direction  of  the  commissioner. 

4.  Issue  of  license  arid  certificate.  If,  on  such  examination,  the 
appficant  is  found  to  be  competent  to  operate  motion-picture  appara- 
tus and  its  connections,  he  shall  receive  the  license  for  which  he  has 
applied,  within  6 days  after  his  examination;  which  license  shall 
continue  in  force  for  1 year  from  the  date  of  issue,  unless  sooner 
revoked  or  suspended.  With  every  license  granted  there  shall  be 
issued  to  the  person  obtaining  such  license  a certificate,  made  by  the 
commissioner  or  such  other  officer  as  the  commissioner  may  desig- 
nate, setting  forth  that  the  person  named  therein  is  duly  authorized  to 
operate  motion-picture  apparatus  and  its  connections. 

5.  Posting  certificate.  The  certificate  shall  be  displayed  in  a con- 
spicuous place  in  the  room  in  which  the  Licensee  operates  a motion- 
picture  apparatus  and  its  connections. 

6.  Discipline.  The  license  and  certificate  may  be  revoked  or  sus- 
pended at  any  time  by  the  commissioner,  in  his  discretion,  for  cause. 

7.  Renewed  of  license.  Every  license,  unless  revoked  or  suspended, 
as  herein  provided,  may,  at  the  end  of  a year  from  the  date  of  issue 
thereof,  be  renewed  by  the  commissioner  in  his  discretion,  upon 
application  and  with  or  without  further  examination  as  he  may 
direct,  but  every  application  for  renewal  of  license  must  be  made 
within  the  30  days  previous  to  the  expiration  of  such  license. 

8.  Unlicensed  operators.  No  person,  not  licensed  as  provided  in 
this  section,  shall  be  employed  to  operate  or  be  permitted  to  operate 
any  motion-picture  apparatus,  or  any  connections  thereof,  in  any 
motion-picture  theatre,  open-air  motion-picture  theatre  or  other 
place  where  motion-pictures  are  exhibited,  to  which  the  public  is 
admitted,  with  or  without  charge  for  admission.  (Adapted  from 
§ 529a.  Charter.) 

Granting  license  for  moving-picture  operator  is  not  judicial  act  reviewable  by 
certiorari. 

Matter  of  Whitten,  152  App.  Div.  506. 


AMUSEMENTS  AND  EXHIBITIONS 


41 


§ 44.  Violations. — Any  person  who  shall  violate,  or  refuse  or 
neglect  to  comply  with,  any  provision  of  this  article  shall,  upon 
conviction  thereof,  be  punished  by  a fine  of  not  more  than  $100,  or 
by  imprisonment  not  exceeding  30  days,  or  by  both  such  fine  and 
imprisonment;  and  any  such  person  shall,  also,  for  each  offense,  be 
subject  to  the  payment  of  a penalty  in  the  sum  of  $50,  to  be  recovered 
in  a civil  action.  (C.  O.  § 379  slightly  changed.) 


ARTICLE  3 

COMMON  SHOWS 

Sec.  60.  Definition. 

§ 61.  License  required,  fee. 

§ 62.  Violations. 

§ 60.  Definition. — A common  show  shall  be  deemed  to  include  a 
carousel,  Ferris  wheel,  gravity  steeplechase,  chute,  scenic  cave, 
bicycle  carousel,  scenic  railway,  striking  machine,  switchback, 
merry-go-round,  puppet  show,  ball  game,  and  all  other  shows  of  hke 
character,  but  not  to  include  games  of  baseball,  nor  to  authorize 
gambling  or  any  games  of  chance.  (C.  O.  § 352.) 

The  power  to  regulate  common  shows  is  found  in  section  51  of  the  charter. 
While  different  kinds  of  shows  are  enumerated  in  the  ordinance,  this  does  not  ex- 
clude other  shows  which  contain  the  same  general  elements  of  public  exhibition 
such  as  are  usually  conducted  on  the  stage  for  the  benefit  and  amusement  of  the 
public.  Mayor,  etc.,  of  N.  Y.  v.  Eden  Musee  American  Co.  (Ld.),  102  N.  Y.  593; 
Thurber  v.  Sharp,  13  Bar.  627;  Society  for  Reformation  of  Juvenile  Delinquents 
V.  Newbosch,  16  Week.  Dig.  349.  And  where  a license  is  required  and  perform- 
ances are  successively  given  without  one,  injunction  lies.  Society  for  Reformation 
of  Juvenile  Delinquents  v.  Diers,  10  Abb.  Pr.,  N.  S.,  216.  Where  as  incidental  to 
selling  a book  on  gambling,  an  exhibition  was  given,  held  not  to  require  a license 
as  the  exhibition  was  not  the  main  object.  People  v.  Royal,  23  App.  Div.  258. 
Where  a license  is  required,  and  the  Mayor  has  power  to  “grant  such  licenses,”  he 
cannot  refuse  to  do  so  arbitrarily.  Matter  of  O’Rourke,  9 Misc.  564.  Moving 
picture  show  in  candy  store  is  a common  show  requiring  a license.  Weisblatt  v. 
Bingham,  58  Misc.  328.  When  license  may  be  suspended  and  revoked.  Fox 
Amusement  Co.  v.  McClellan,  62  Misc.  100;  McKenzie  v.  McClellan,  62  Misc. 
342. 

Power  to  license  public  amusement  is  to  be  used  in  discretion  of  oflScer  and  is  not 
mandatory  upon  the  tender  of  fee  prescribed. 

People  ex  rel.  Worth  v.  Grant,  58  Hun.  455.  A moving  picture  in  a hotel  where 
no  fee  is  charged  is  not  a common  show  requiring  license.  People  v.  Wacke,  77 
Misc.  196. 

§ 61.  License  required;  fee. — No  person  shall  maintain  or  operate  a 
common  show  without  a license  therefor,  granted  and  issued  by  the 
commissioner  of  licenses.  Such  licenses  shall  be  issued  for  a term  of 
one  year  from  the  date  thereof,  unless  sooner  suspended  or  revoked 
by  the  commissioner.  The  annual  fee  for  such  license  shall  be  $25. 
(C.O.  §§  305,  308  in  part.) 

§ 62.  Violations. — Any  person  who  shall  violate,  or  refuse  or 
neglect  to  comply  with,  any  provision  of  this  article  shall,  upon  con- 
viction thereof,  be  punished  by  a fine  of  not  more  than  $10,  or  by 
imprisonment  not  exceeding  10  days,  or,  by  both  such  fine  and 
imprisonment;  and  any  such  person  shall,  also,  for  each  offense,  be 
subject  to  the  payment  of  a penalty  in  the  sum  of  $10,  to  be  recovered 
in  a civil  action.  (C.  O.  § 379.) 


42 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


CHAPTER  4 
Bridges 

Article  1.  General  provisions. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Names  of  bridges. 

§ 2.  Speed  of  vehicles  on  bridges. 

Sec.  1.  Names  of  bridges. — The  bridges  of  the  city  shall  hereafter 
be  known  as  follows: 

1.  Across  the  East  river: 

a.  The  New  York  and  Brooklyn  bridge  shall  be  designated  as  the 
Brooklyn  Bridge; 

b.  The  new  East  river  bridge  shall  be  designated  as  the  Williams- 
burg Bridge; 

c.  Bridge  No.  3,  crossing  the  East  river,  shall  be  designated  as  the 
Manhattan  Bridge; 

d.  Bridge  No.  4,  crossing  the  East  river,  shall  be  designated  as  the 
Queensboro  Bridge. 

2.  Across  the  Harlem  river: 

a.  The  bridge  connecting  First  avenue,  borough  of  Manhattan, 
and  Willis  avenue,  borough  of  The  Bronx,  shall  be  designated  as  the 
Willis  Avenue  Bridge; 

b.  The  bridge  on  the  line  of  Third  avenue,  shall  be  designated  as 
the  Third  Avenue  Bridge; 

c.  The  bridge  connecting  Madison  avenue,  in  the  borough  of 

Manhattan,  and  East  138th  street,  in  the  borough  of  The  Bronx, 

shall  be  designated  as  the  Madison  Avenue  Bridge; 

d.  The  bridge  connecting  West  145  street,  in  the  borough  of 

Manhattan,  and  East  149th  street,  in  the  borough  of  The  Bronx, 

shall  be  designated  as  the  145th  Street  Bridge; 

e.  The  bridge  connecting  West  155th  street,  borough  of  Man- 
hattan, and  Jerome  avenue,  borough  of  The  Bronx,  shall  be  desig- 
nated as  the  Macomb’s  Dam  Bridge; 

f.  The  bridge  connecting  West  181st  street,  borough  of  Manhattan, 
and  University  avenue,  borough  of  The  Bronx,  shall  be  designated 
as  the  Washington  Bridge; 

g.  The  bridge  connecting  West  207th  street,  borough  of  Man- 
hattan, and  West  Fordham  road,  borough  of  The  Bronx,  shall  be 
designated  as  the  University  Heights  Bridge; 

h.  The  bridge  on  the  line  of  Broadway  shall  be  designated  as  the 
Ship  Canal  Bridge. 

3.  Bridges  in  the  borough  of  The  Bronx: 

a.  The  bridge  over  Mott  Haven  canal,  on  the  line  of  East  135th 
street,  shall  be  designated  as  the  135th  Street  Bridge; 


BRIDGES 


43 


b.  The  bridge  over  the  Bronx  river,  on  the  line  of  Westchester 
avenue,  shall  be  designated  as  the  Westchester  Avenue  Bridge; 

c.  The  bridge  over  Westchester  creek,  on  the  line  of  East  177th 
street,  shall  be  designated  as  the  Unionport  Bridge; 

d.  The  bridge  over  Eastchester  bay,  connecting  Eastern  boulevard 
and  Pelham  Bridge  road,  shall  be  designated  as  the  Pelham  Bridge; 

e.  The  bridge  over  Pelham  Bay  narrows,  connecting  City  Island 
road  and  City  Island  avenue,  shall  be  designated  as  the  City  Island 
Bridge; 

f . The  bridge  over  Eastchester  creek,  on  the  line  of  Boston  road, 
shall  be  designated  as  the  Eastchester  Bridge. 

4.  Bridges  in  the  borough  of  Brooklyn: 

a.  The  bridge  over  Gowanus  canalj  on  the  line  of  Hamilton 
avenue,  shall  be  designated  as  the  Hamilton  Avenue  Bridge; 

b.  The  bridge  over  Gowanus  canal,  on  the  line  of  9th  street,  shall 
be  designated  as  the  9th  Street  Bridge; 

c.  The  bridge  over  Gowanus  canal,  on  the  line  of  3d  street,  shall 
be  designated  as  the  3d  Street  Bridge; 

d.  The  bridge  over  Gowanus  canal,  on  the  line  of  Carroll  street, 
shall  be  designated  as  the  Carroll  Street  Bridge; 

e.  The  bridge  over  Gowanus  canal,  on  the  line  of  Union  street, 
shall  be  designated  as  the  Union  Street  Bridge; 

f.  The  bridge  over  5th  Street  basin  (Gowanus  canal),  on  the 
line  of  Third  avenue,  shall  be  designated  as  the  Third  Avenue 
Bridge; 

g.  The  bridge  over  Wallabout  canal,  on  the  line  of  Washington 
avenue  shall  be  designated  as  the  Washington  Avenue  Bridge; 

h.  The  bridge  on  the  line  of  Metropolitan  avenue,  over  English 
kills,  shall  be  designated  as  the  Metropolitan  Avenue  Bridge; 

i.  The  bridge  over  the  Coney  Island  creek,  connecting  West  18th 
street  and  West  17th  street,  shall  be  designated  as  the  Harway 
Avenue  Bridge; 

j.  The  bridge  over  Sheepshead  bay,  on  the  line  of  Ocean  avenue, 
shall  be  designated  as  the  Ocean  Avenue  Bridge; 

k.  The  bridge  over  the  Coney  Island  creek,  on  the  line  of  the  Shell 
road,  shall  be  designated  as  the  Shell  Road  Bridge. 

5.  Newtown  creek  bridges: 

a.  The  bridge  connecting  Manhattan  avenue,  borough  of  Brook- 
lyn, and  Vernon  avenue,  borough  of  Queens,  shall  be  designated  as 
the  Vernon  Avenue  Bridge. 

b.  The  bridge  on  the  line  of  Greenpoint  avenue  shall  be  designated 
as  the  Greenpoint  Avenue  Bridge; 

c.  The  bridge  connecting  Meeker  avenue,  borough  of  Brooklyn, 
and  Laurel  Hill  boulevard,  borough  of  Queens,  shall  be  designated  as 
the  Meeker  Avenue  Bridge; 

d.  The  bridge  on  the  line  of  Grand  street,  shall  be  designated  as 
the  Grand  Street  Bridge. 

6.  Bridges  in  the  borough  of  Queens: 

a.  The  bridge,  over  Dutch  Kills  creek,  on  the  line  of  Borden 
avenue,  shall  be  designated  as  the  Borden  Avenue  Bridge; 

b.  The  bridge  over  Dutch  Kills  creek,  on  the  line  of  Hunter’s 
Point  avenue,  shall  be  designated  as  the  Hunter’s  Point  Avenue 
Bridge; 


44 


CODE  OF  ORDINANCES  OF  THE  CITY  (jF  NEW  YORK 


c.  The  bridge  over  Flushing  river,  on  the  line  of  Jackson  avenue, 
shall  be  designated  as  the  Flushing  Bridge; 

d.  The  bridge  over  Flushing  river,  on  the  hne  of  Rodman  street, 
shall  be  designated  as  the  Strong’s  Causeway  Bridge; 

e.  The  bridge  over  Alley  creek,  on  the  line  of  Jackson  avenue,  shall 
be  designated  as  the  Little  Neck  Bridge. 

7.  Bridges  in  the  borough  of  Richmond: 

a.  The  bridge  over  Lemon  creek,  on  the  line  of  Bayview  avenue, 
shall  be  designated  as  the  Lemon  Creek  Bridge; 

b.  The  bridge  over  Richmond  creek,  on  the  hne  of  Bridge  avenue, 
shall  be  designated  as  the  Fresh  Kills  Bridge.  -(Ord.  Jan.  4, 1915.) 

§ 2.  Speed  of  vehicles  on  bridges. — No  person  shall  operate,  drive  or 
propel  any  vehicle,  and  no  owner  riding  thereon  or  therein  shall 
cause  or  permit  the  same  to  be  driven  or  propelled  upon  the  Brooklyn 
bridge  at  a rate  of  speed  greater  than  8 miles  per  hour,  nor  upon  any 
other  public  bridge  in  the  city  at  a rate  of  speed  greater  than  15  miles 
per  hour.  (Ord.  Jan.  4,  1915.) 


HUlLDIN(i  CODE 


45 


CHAPTER  5 
Building  Code 


Article  1.  General  provisions. 

2.  Materials. 

3.  Strength  of  materials. 

4.  Classification  of  buildings. 

5.  Restricted  areas. 

6.  Height,  size  and  arrangement. 

7.  Light  and  ventilation. 

8.  Exit  facilities. 

9.  Projections  beyond  building  line, 

10.  Safeguards  during  construction. 

11.  Partition  fences  and  walls. 

12.  Excavations  and  foundations. 

13.  Masonry  walls. 

14.  Wood  construction. 

15.  Iron  or  steel  construction. 

16.  Reinforced  concrete  construction. 

17.  Fireproof  construction. 

18.  Firewalls  and  shafts. 

19.  Chimneys,  flues  and  heating  appliances. 

20.  Construction  above  roof. 

21.  Construction  generally. 

22.  Frame  construction. 

23.  Buildings  of  a public  character. 

24.  Motion  picture  theatres. 

25.  Theatres  and  other  places  of  amusement. 

26.  Miscellaneous  structures. 

27.  Elevators. 

28.  Fire  extinguishing  appliances. 

29.  Plumbing  and  other  systems  of  piping. 

30.  Altering,  changing  or  demolishing  buildings. 

31.  Unsafe  buildings  and  collapsed  structures. 

32.  Enforcement  of  chapter. 


While  the  following  sections  give  the  Building  Code  in  force  at  the  time  of,  the 
passage  of  this  ordinance,  (March,  1915)  attention  is  called  to  the  fact  that  im- 
portant amendments  are  still  pending.  The  following  new  code  rearranges  and  re- 
numbers the  old  code. 

The  following  embodies  the  Building  Code  approved  by  the  Mayor  on  Got.  24, 
1899,  as  amended.  The  power  to  enact  a Building  Code  is  vested  in  the  municipal 
authorities  by  section  647  of  the  Greater  New  York  Charter.  (L.  1897,  ch,  378.) 
The  commission  of  experts  -which  was  authorized  to  prepare  the  Code  took  as  the 
basis  for  the  work  the  Laws  of  1882,  chapter  410,  which  codihed  the  law  under  the 
former  City  of  New  York;  the  Laws  of  1888,  chapter  583,  which  codified  the  build- 
ing laws  of  the  former  City  of  Brooklyn,  and  the  Laws  of  1894,  chapter  481.  The 
revised  Charter,  L.  1901,  ch.  466,  sec.  43,  explicitly  confers  ample  general  powers 
on  the  Board  of  Aldermen  to  “make,  establish,  alter,  modify,  amend  and  repeal  all 
ordinances,  rules  and  . . . building  regulations,”  etc.,  and  section  407  ex- 

pressly continues  in  force  the  Building  Code  in  force  on  January  1,  1902.  Many  of 
the  old  laws  are  now  superseded  by  the  Tenement  House  Act. 

The  Building  Code  in  force  May  1,  1904,  made  a chapter  of  the  City  Ordinances 
by  L.  1904,  ch.  682,  sec.  2.  It  can  be  amended  by  the  Board  of  Aldermen  under 


46 


CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 


sec.  407,  L.  1901,  ch.  466.  Such  ordinances  so  passed  have  same  effect  as  an  act  of 
the  Legislature.  City  of  N.  Y.  v.  Trustees  Sailors’  Snug  Harbor,  85  App.  Div.  355; 
Post  V.  Kerwin,  133  App.  Div.  404.  City  N.  Y.  v.  Foster,  147  App.  Div.  258, 
aff’d  205  N.  Y.  593;  Racine  v.  Morris,  136  App.  Div.  467,  aff’d  201  N.  Y.  240. 

Bd.  of  Aldermen  has  exclusive  power  to  adopt  Building  Code.  McGuiness  v. 
Allison  Realty  Co.,  46  Misc.  8.  The  order  of  a board  or  official  of  Fire  Dept,  may 
be  examined  as  to  its  reasonableness.  Fire  Dept.  v.  Gilmourr,  149  N.  Y.  453. 
The  sections  of  the  Building  Code  are  merely  ordinances  which  will  be  construed 
and  enforced  in  the  same  general  principles  as  the  general  ordinances  and  Sanitary 
Code.  For  some  decisions  of  general  application  see  notes  on  pp.  360  and  361. 


ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Short  title,  scope  and  application. 

§ 2.  Definitions. 

§ 3.  Plans  and  specifications. 

§ 4.  Seal  of  building  bureau. 

§ 5.  Right  of  entry  of  officers  and  employees. 

§ 6.  Chapter  is  remedial;  construction. 

Sec.  1.  Short  title,  scope  and  application.  1.  Short  title.  This 
chapter  shall  be  known  and  cited  as  the  Building  Code. 

2.  Scope.  All  matters  concerning,  affecting  or  relating  to  the 
construction,  alteration  or  removal  of  buildings  or  structures,  erected 
or  to  be  erected  in  the  city  are  presumptively  provided  for  in  this 
chapter,  except  in  so  far  as  such  provisions  are  contained  in  the 
Charter,  the  Tenement  House  Law,  or  the  rules  and  regulations 
of  the  superintendents  of  buildings  of  the  several  boroughs.  No 
wall,  structure,  building  or  part  thereof  shall  hereafter  be  built  or 
constructed,  nor  shall  the  plumbing  or  drainage  of  any  building, 
structure  or  premises  be  constructed  or  altered  in  the  city,  except 
in  conformity  with  the  provisions  of  this  chapter.  No  building 
already  erected,  or  hereafter  to  be  built  in  said  city,  shall  be  raised, 
altered,  moved  or  built  upon  in  any  manner  that  would  be  in  viola- 
tion of  any  of  the  provisions  of  this  chapter,  or  the  approval  of  the 
superintendent  of  buildings  having  jurisdiction,  made  and  issued 
thereunder. 

3.  Application.  All  provisions  of  this  chapter  shall  apply  with 
equal  force  to  municipal  buildings  as  they  do  to  private  buildings. 

This  section  must  be  complied  with,  even  where  a building  is  being  erected  for 
the  State.  City  of  N.  Y.  v.  Burleson  Hardware  Co.,  89  App.  Div.  222.  Jurisdiction 
of  Fire  Dept,  over  buildings  erected  on  docks  and  piers,  upheld  as  to  enforcing 
Building  Laws.  N.  Y.  Fire  Dept.  v.  Atlas  S.  S.  Co.,  106  N.  Y.  566. 

§ 2.  Definitions. — Unless  otherwise  expressly  stated,  whenever 
used  in  this  chapter,  the  following  terms  shall  respectively  be  deemed 
to  mean: 

1.  Apartment  house,  every  building  which  shall  be  intended  or 
designed  for,  or  used  as,  the  home  or  residence  of  3 or  more  families 
or  households,  living  independently  of  each  other,  and  in  which  every 
such  family  or  household  shall  have  provided  for  it  a kitchen,  set 
bathtub  and  water  closet,  separate  and  apart  from  any  other. 

Definition  of  apartment  house,  held  still  in  force,  and  not  construed  as  tenement 
house.  Grimmer  v.  Tenement  House  Dept.,  204  N.  Y.  370. 


BUILDING  CODE 


47 


2.  Bureau  of  buildings,  the  bureau  of  buildings  of  the  borough  in 
which  is  located  a particular  building  or  structure,  erected,  to  be 
erected,  or  in  course  of  erection,  alteration  or  demolition. 

3.  Dead  load,  the  actual  weight  of  walls,  floors,  roofs,  partitions 
and  all  permanent  construction. 

4.  Frame  building,  a building  or  structure  of  which  the  exterior 
walls  or  a portion  thereof  shall  be  constructed  of  wood.  Buildings 
sheathed  with  boards,  and  partially  or  entirely  covered  with  four 
inches  of  brickwork,  shall  be  deemed  to  be  frame  buildings.  Wood 
frames  covered  with  metal  shall  be  deemed  to  be  wood  structures. 

“Piazza”  held  to  be  a building  as  to  law  regulating  building  materials.  Fire 
Dept.  V.  Buffum,  2 E.  D.  Smith,  511. 

5.  Foundation  walls  shall  be  construed  to  include  all  walls  and 
piers  built  below  the  curb  level  or  nearest  tier  of  beams  to  the  curb, 
to  serve  as  supports  for  walls,  piers,  columns,  girders,  posts  or  beams. 

6.  Heights  of  buildings  and  walls.  The  height  of  a building  shall 
be  measured,  in  case  the  roof  be  flat,  from  the  curb  level  at  the 
centre  of  the  front  of  the  building  to  the  top  of  the  highest  point 
of  the  roof  beams;  for  high-pitched  roofs  the  average  of  the  height 
of  the  gable  shall  be  taken  as  the  highest  point  of  the  building.  In 
case  a wall  is  carried  on  iron  or  steel  girders  or  iron  or  steel  girders 
and  columns,  or  piers  of  masonry,  the  measurements,  as  to  its  height 
may  be  taken  from  the  top  of  such  girder.  When  the  walls  of  a 
structure  do  not  adjoin  the  street,  then  the  average  level  for  the 
ground  adjoining  the  walls  may  be  taken  instead  of  the  street  curb 
level  for  the  height  of  such  structure. 

7.  Hotel,  any  building,  or  part  thereof,  intended,  designed  or 
used  for  supplying  food  and  shelter  to  residents  or  guests,  and  hav- 
ing a general  public  dining-room  or  a cafe,  or  both,  and  containing 
also  more  than  15  sleeping  rooms  above  the  first  story.  Whenever 
any  such  building  hereafter  erected  shall  be  located  on  any  other 
than  a corner  lot  or  plot,  it  shall  not  cover  in  the  aggregate  more 
than  90  per  cent,  of  th.e  area  of  such  lot  or  plot  at  and  above  the 
second  story  level,  if  not  more  than  5 stories  in  height  and  23^  per 
cent,  less  every  additional  story  in  height;  and  on  a corner  lot,  when 
covering  an  area  of  not  more  than  3,000  square  feet,  it  shall  not 
occupy  more  than  95  per  cent,  of  the  area  of  such  lot  at  and  above 
the  second  story  level.  In  case  any  such  building  is  to  occupy  a 
number  of  lots,  the  superintendent  of  buildings  having  jurisdiction 
may  allow  the  free  air  space,  proportioned  as  hereinafter  stated, 
to  be  distributed  in  such  manner  as,  in  his  opinion,  wiU  equally  as 
well  secure  light  and  ventilation. 

8.  Live  or  variable  loads,  all  loads  other  than  dead  loads  as  herein 
defined. 

9.  Office  building,  any  building  divided  into  rooms  above  the  first 
story,  and  intended  and  used  for  business  purposes,  no  part  of  which 
shall  be  used  for  living  purposes,  except  for  the  janitor  thereof  and 
his  family.  Office  buildings  when  not  on  a corner  shall  not  cover 
more  than  90  per  cent,  of  the  lot  area  at  and  above  the  second  story 
floor  level. 

10.  Private  dwelling,  any  building  which  shall  be  intended  or  de- 
signed for,  or  used  as,  the  home  or  residence  of  not  more  than  2 
separate  and  distinct  familes  or  households,  and  in  which  not  more 


48 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


than  15  rooms  shall  be  used  for  the  accommodation  of  boarders, 
and  no  part  of  which  structure  is  used  as  a store  or  for  any  business 
purpose.  Two  or  more  such  dwellings  may  be  connected  on  each 
story  when  used  for  boarding  purposes,  provided  the  halls  and  stairs 
of  each  house  shall  be  left  unaltered.  Any  such  building  hereafter 
erected  shall  not  cover  more  than  90  per  cent,  of  the  lot  area. 

See  Dept.  Bldg.  v.  Fuld,  12  App.  Div.  258. 

11.  Superintendeyit  of  buildings,  the  head  of  the  bureau  of  build- 
ings of  the  borough  in  which  is  located  a particular  building  or  struc- 
ture, erected,  to  be  erected  or  in  course  of  erection,  alteration  or 
demolition. 

12.  Dimensions  of  buildings.  For  the  purposes  of  this  chapter, 
the  greatest  linear  dimension  of  any  building  shall  be  considered 
its  length  and  the  next  greatest  linear  dimension  its  width. 

§3.  Plans  and  specifications. — 1.  Preparation  and  filing.  Before 
the  erection,  construction  or  alteration  of  any  building  or  part  of 
any  building,  structure  or  part  of  any  structure  or  wall,  or  any  plat- 
form, staging  or  flooring  to  be  used  for  standing  or  seating  purposes, 
and  before  the  construction  or  alteration  of  the  plumbing  or  drain- 
age of  any  building,  structure  or  premises  is  commenced,  the  owner 
or  lessee,  or  agent  of  either,  or  the  architect  or  builder  employed 
by  such  owner  or  lessee  in  connection  with  the  proposed  erection 
or  alteration,  shall  submit  to  the  superintendent  of  buildings  a de- 
tailed statement  in  triplicate  of  the  specifications,  on  appropriate 
blanks  to  be  furnished  to  applicants  by  the  bureau  of  buildings,  and  a 
full  and  complete  copy  of  the  plans  of  such  proposed  work,  and  such 
structural  detail  drawings  of  said  proposed  work  as  the  superin- 
tendent of  buildings  may  require,  all  of  which  shall  be  accompanied 
by  a statement  in  writing,  sworn  to  before  a notary  public  or  com- 
missioner of  deeds,  giving  the  full  name  and  residence,  street  and 
number,  of  the  owner,  or  of  each  of  the  owners  of  said  building,  or 
proposed  building,  structure  or  proposed  structures,  premises,  wall, 
platform,  staging  or  flooring. 

2.  When  existing  building  is  to  be  demolished.  When  an  existing 
building  or  part  of  an  existing  building  is  to  be  demolished,  such 
fact  shall  be  set  forth  in  the  statement  required  to  be  filed  with  the 
plans  and  specifications  for  the  erection  of  a new  building  on  the 
same  site,  or  part  thereof. 

3.  Authorization  of  owner.  If  the  erection,  construction  or  altera- 
tion, plumbing  or  drainage  or  the  alteration  thereof  is  proposed  to  be 
made  or  executed  by  any  other  person  than  the  owner  or  owners  of 
the  land  in  fee,  the  person  or  persons  intending  to  make  such  erection 
or  alteration,  or  to  construct  such  plumbing  or  drainage,  shall 
accompany  said  detailed  statement  of  the  specifications  and  copy 
of  the  plans  with  a statement  in  writing,  sworn  to  as  aforesaid,  giving 
the  full  name  and  residence,  street  and  number,  of  the  owner  or 
owners  of  the  land,  or  proposed  building,  structure  or  proposed 
structure,  premises,  wall,  platform,  staging  or  flooring  either  as 
owner,  lessee  or  in  any  representative  capacity,  and  that  he  or 
they  are  duly  authorized  to  perform  said  work.  Such  statement  may 
be  made  by  the  agent  or  architect  of  the  person  or  persons  herein- 
before required  to  make  the  same. 


BUILDING  CODE 


49 


4.  Place  of  filing.  The  said  sworn  statement  and  detailed  state- 
ment of  specifications  and  copy  of  the  plans  shall  be  kept  on  file  in 
the  office  of  the  superintendent  of  buildings. 

5.  Approval.  The  erection,  construction  or  alteration  of  any 
building,  structure,  wall,  platform,  staging  or  flooring,  or  any  part 
thereof,  and  the  construction  or  alteration  of  the  said  plumbing  or 
drainage,  shall  not  be  commenced  or  proceeded  with  until  said 
statements  and  plans  shall  have  been  so  filed  and  approved  by  the 
superintendent  of  buildings,  who  shall  approve  or  reject  any  plan 
filed  with  him  pursuant  to  the  provisions  of  this  section  within  a 
reasonable  time.  Nothing  in  this  section  shall  be  construed  to 
prevent  a superintendent  of  buildings  from  approving  the  erection  of 
any  part  of  a building,  or  any  part  of  a structure,  where  plans  and 
detailed  statements  have  been  presented  for  the  same  before  the 
entire  plans  and  detailed  statements  of  said  building  or  structure 
have  been  submitted.  Any  approval  issued  by  a superintendent  of 
buildings  pursuant  to  the  provisions  of  this  section,  but  under  which 
no  work  is  commenced  within  one  year  from  the  time  of  issuance, 
shall  expire  by  limitation. 

6.  Compliance  with  plans.  The  erection,  construction  or  alteration 
of  any  building,  structure,  platform,  staging  or  flooring,  and  the 
construction  or  alteration  of  the  plumbing  or  drainage  thereof,  when 
proceeded  with,  shall  be  constructed  in  accordance  with  such  ap- 
proved detailed  statement  of  specifications  and  copy  of  plans. 

7.  Ordinary  repairs  excepted.  Ordinary  repairs  of  buildings  or 
structures,  or  of  the  plumbing  and  drainage  thereof,  may  be  made 
without  notice  to  the  superintendent  of  buildings,  but  such  repairs 
shall  not  be  construed  to  include  the  cutting  away  of  any  stone  or 
brick  wall  or  any  portion  thereof,  the  removal  or  cutting  of  any 
beams  or  supports,  or  the  removal,  change  or  closing  of  any  staircase, 
or  the  alteration  of  any  house  sewer  or  private  sewer  or  drainage 
system,  or  the  construction  of  any  soil  or  waste  pipe. 

§ 4.  Seal  of  building  bureau. — Each  superintendent  of  buildings 
may  adopt  a seal  and  direct  its  use  in  his  bureau. 

§ 5.  Right  of  entry  of  officers  and  employees. — Any  officer  or  em- 
ployee of  the  bureau  of  buildings  of  any  borough,  so  far  as  it  may  be 
necessary  for  the  performance  of  his  duties,  shall  have  the  right  to 
enter  any  building  or  premises  in  said  city,  upon  showing  his  badge  of 
office. 

§ 6.  Chapter  is  remedial;  construction. — This  chapter  is  hereby 
declared  to  be  remedial,  and  shall  be  construed  liberally  to  secure 
the  beneficial  interests  and  purposes  thereof. 

This  act  being  beneficial  should  be  liberally  construed  to  attain  the  object  in- 
tended. N.  Y.  Fire  Dept.  v.  Buhler,  35  N.  Y.  177. 

A statute  limiting  height  of  certain  buildings  held  valid  exercise  of  police  power. 
People  ex  rel.  Kemp  v.  D’Oench,  111  N.  Y.  359. 


ARTICLE  2 


Sec.  20.  Brick. 
§ 21.  Sand. 
4 


MATERIALS 


50 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 22.  Cement. 

§ 23.  Mortar. 

§ 24.  Concrete. 

§ 25.  Iron  and  steel. 

§ 26.  Timber. 

§ 27.  Tests  of  new  materials. 

Sec.  20.  Brick. — The  brick  used  in  all  buildings  shall  be  good, 
hard,  well  burnt  brick.  When  old  brick  are  used  in  any  wall  they 
shall  be  thoroughly  cleaned  before  being  used  and  shall  be  whole  and 
good,  hard,  well  burnt  brick. 

§ 21.  Sand. — The  sand  used  for  mortar  in  all  buildings  shall  be 
clean,  sharp  grit  sand,  free  from  loam  or  dirt,  and  shall  not  be  finer 
than  the  standard  samples  kept  in  the  office  of  the  superintendent  of 
buildings. 

§ 22.  Cement. — 1.  Portland.  Cements  classed  as  Portland  cement 
shall  be  considered  to  mean  such  cement  as  will,  when  tested  neat, 
after  1 day  set  in  air,  be  capable  of  sustaining  without  rupture  a 
tensible  strain  of  at  least  120  pounds  per  square  inch,  and  after  1 day 
in  air  and  6 days  in  water  be  capable  of  sustaining  without  rupture  a 
tensible  strain  of  at  least  300  pounds  per  square  inch.  (E.  C. 
§16.) 

2.  Other  classes.  Cements  other  than  Portland  cement  shall  be 
considered  to  mean  such  cement  as  will,  when  tested  neat,  after  one 
day  set  in  air,  be  capable  of  sustaining  without  rupture  a tensible 
strain  of  at  least  60  pounds  per  square  inch,  and  after  1 day  in  air  and 
6 days  in  water  be  capable  of  sustaining  without  rupture  a tensible 
strain  of  at  least  120  pounds  per  square  inch. 

3.  Tests.  All  tests  of  cements  shall  be  made  under  the  supervision 
of  the  superintendent  of  buildings,  at  such  times  as  he  may  deter- 
mine, and  a record  of  all  cements  answering  the  above  requirements 
shall  be  kept  for  public  information. 

§ 23.  Mortar. — 1.  Cement.  Cement  mortar  shall  be  made  of 
cement  and  sand  in  the  proportion  of  1 part  of  cement  and  not  more 
than  3 parts  of  sand,  and  shall  be  used  immediately  after  being 
mixed.  The  cement  and  sand  are  to  be  measured  and  thoroughly 
mixed  before  adding  water.  The  cement  must  be  very  finely  ground 
and  free  from  lumps. 

2.  Cement  and  lime.  Cement  and  lime  mortar  mixed  shall  be  made 
of  1 part  of  lime,  1 part  of  cement  and  not  more  than  3 parts  of  sand 
to  each. 

3.  Lime.  Lime  mortar  shall  be  made  of  1 part  of  lime  and  not 
more  than  4 parts  of  sand.  All  lime  used  for  mortar  shall  be  thor- 
oughly burnt,  of  good  quality,  and  properly  slaked  before  it  is  mixed 
with  the  sand. 

§ 24.  Concrete. — Concrete  for  foundations  shall  be  made  of  at 
least  1 part  of  cement,  2 parts  of  sand  and  5 parts  of  clean  broken 
stone,  of  such  size  so  as  to  pass  in  any  way  through  a 2-inch  ring,  or 
good,  clean  gravel  may  be  used  in  the  same  proportion  as  broken 
stone.  The  cement,  sand  and  stone  or  gravel  shall  be  measured  and 
mixed  as  is  prescribed  for  mortar.  All  concrete  when  in  place  shall  be 
properly  rammed  and  allowed  to  set,  without  being  disturbed. 

§ 25.  Iron  and  steel. — 1.  Cast  iron.  All  cast  iron  shall  be  of  good 


BUILDING  CODE 


51 


foundry  mixture,  producing  a clean,  tough,  gray  iron.  Sample  bars, 
5 feet  long,  1 inch  square,  cast  in  sand  moulds,  placed  on  supports 
4 feet  6 inches  apart,  shall  bear  a central  load  of  450  pounds  before 
breaking.  Castings  shall  be  free  of  serious  blow-holes,  cinder  spots 
and  cold  shuts.  Ultimate  tensile  strength  shall  be  not  less  than 

16.000  pounds  per  square  inch,  when  tested  in  small  specimens. 

2.  Wrought  iron.  All  wrought  iron  shall  be  uniform  in  character, 
fibrous,  tough  and  ductile.  It  shall  have  an  ultimate  tensible  resist- 
ance of  not  less  than  48,000  pounds  per  square  inch,  an  elastic  limit 
of  not  less  than  24,000  pounds  per  square  inch,  and  an  elongation  of 
20  per  cent,  in  8 inches,  when  tested  in  small  specimens. 

3.  Cast  steel.  All  cast  steel  shall  be  made  of  open  hearth  steel, 
containing  .25  to  .5  per  cent,  of  carbon,  not  over  .08  per  cent,  of 
phosphorus,  and  shall  be  practically  free  from  blow-holes. 

4.  Structural  steel.  All  structural  steel  shall  have  an  ultimate 
tensible  strength  of  from  54,000  pounds  to  64,000  pounds  per  square 
inch.  Its  elastic  limit  shall  be  not  less  than  32,000  pounds  per 
square  inch  and  a minimum  elongation  of  not  less  than  20  per  cent, 
in  8 inches.  Rivet  steel  shall  have  an  ultimate  strength  of  from 

50.000  to  58,000  pounds  per  square  inch. 

§ 26.  Timber. — All  timbers  and  wood  beams  used  in  any  building 
shall  be  of  good  sound  material,  free  from  rot,  large  and  loose  knots, 
shakes  or  any  imperfection  whereby  the  strength  may  be  impaired, 
and  be  of  such  size  and  dimensions  as  the  purposes  for  which  the 
building  is  intended  require. 

§ 27.  Tests  of  new  materials. — New  structural  material  of  whatever 
nature  shall  be  subjected  to  such  tests  to  determine  its  character  and 
quality,  as  the  superintendent  of  buildings  shall  direct;  the  tests 
shall  be  made  under  his  supervision,  or  he  may  direct  the  architect  or 
owner  to  file  with  him  a certified  copy  of  the  results  of  tests  such  as 
he  may  direct  shall  be  made. 


ARTICLE  3 

STRENGTH  OF  MATERIALS 

Sec.  50.  General  provisions. 

§ 51.  Columns  and  compression  members. 

§ 52.  Safe  loads  for  masonry  work. 

§ 53.  Working  stresses. 

§ 54.  Live  loads. 

§ 55.  Floor  loads  of  stores,  factories  and  warehouses. 

§ 56.  Temporary  supports. 

§ 57.  Wind  pressure. 

Sec.  50.  General  provisions. — 1.  Computations.  The  dimensions  of 
each  piece  or  combination  of  materials  required  shall  be  ascertained 
by  computation,  according  to  the  rules  prescribed  by  this  chapter. 

2.  Factors  of  safety. — Where  the  unit  stress  for  any  material  is  not 
prescribed  in  this  chapter  the  relation  of  allowable  unit  stress  to 


52 


CODE  OP"  OUDINANCES  OF  THE  CITY  OF  NEW  YORK 


ultimate  strength  shall  be  as  1 to  4 for  metals,  subjected  to  tension  or 
transverse  stress;  as  1 to  6 for  timber,  and  as  1 to  10  for  natural  or 
artificial  stones  and  brick  or  stone  masonry.  But  wherever  working 
stresses  are  prescribed  in  this  chapter,  varying  the  factors  of  safety 
hereinbefore  given,  the  said  working  stresses  shall  be  used. 

3.  Weights.  In  computing  the  weight  of  walls,  a cubic  foot  of 
brickwork  shall  be  deemed  to  weigh  115  pounds.  Sandstone,  white 
marble,  granite  and  other  kinds  of  building  stone  shall  be  deemed  to 
weigh  170  pounds  per  cubic  foot. 

§ 51.  Columns  and  compression  members. — 1.  Imposed  loads. 
For  the  purpose  of  determining  the  carrying  capacity  of  columns  of 
dwellings,  office  buildings,  stores,  stables  and  public  buildings  when 
over  5 stories  in  height,  a reduction  of  the  live  loads  shall  be  per- 
missible as  follows:  For  the  roof  and  top  floor  the  full  live  loads  shall 
be  used;  for  each  succeeding  lower  floor  it  shall  be  permissible  to 
reduce  the  live  load  by  5 per  cent,  until  50  per  cent,  of  the  live  loads 
fixed  by  this  section  is  reached,  when  such  reduced  loads  shall  be 
used  for  all  remaining  floors. 

2.  Unsupported  lengths.  Columns  and  compression  members 
shall  not  be  used  having  an  unsupported  length  of  greater  ratios 
than  given  in  the  tables  contained  in  this  section. 

3.  Eccentric  loads.  Any  column  eccentrically  loaded  shall  have 
the  stresses  caused  by  such  eccentricity  computed,  and  the  combined 
stresses  resulting  from  such  eccentricity  at  any  part  of  the  column, 
added  to  all  other  stresses  at  that  part,  shall  in  no  case  exceed  the 
working  stresses  stated  in  this  section. 

The  eccentric  load  of  a column  shall  be  considered  to  be  distri- 
buted equally  over  the  entire  area  of  that  column  at  the  next  point 
below  at  which  the  column  is  securely  braced  laterally  in  the  direc- 
tion of  the  eccentricity. 

4.  Working  stresses.  In  columns  or  compression  members  with 
flat  ends  of  cast  iron,  steel,  wrought  iron  or  wood,  the  stress  per 
square  inch  shall  not  exceed  that  given  in  the  following  tables: 


When  the  Length  Divided  by  Least 
Radius  of  Gyration  Equals. 


120 

110 

100 

90 

80 

70 

60 

50 

40 

30 

20 

10 


Working  Stress  Per  Square 
Inch  of  Section. 


Wrought 

Cast  Iron.  Steel.  Iron. 


9,200 

9,500 

9,800 

10,100 

10,400 

10,700 

11,000 


8,240 

8,820 

9,400 

9,980 

10,560 

11,140 

11,720 

12,300 

12,880 

13,460 

14,040 

14,620 


4.400 

5.200 
6,000 
6,800 
7,600 

8.400 

9.200 
10,000 
10,800 
11,600 
12,400 
13,200 


BUILDING  CODE 


63 


And  in  like  proportion  for  intermediate  ratios. 


Working  Stresses  Per  Square 
Inch  of  Section. 


When  the  Length  Divided  by  the  Long  Leaf  White  Pine, 

Least  Diameter  Equals.  Yellow  Norway  Pine,  Oak. 

Pine.  Spruce. 


30 460  350  390 

25 550  425  475 

20  640  500  560 

15 730  575  645 

12 784  620  696 

10 820  650  730 


And  in  like  proportion  for  intermediate  ratios.  Five-eighths  the 
values  given  for  white  pine  shall  also  apply  to  chestnut  and  hemlock 
posts.  For  locust  posts  use  1 Yi  the  value  given  for  white  pine. 

§ 52.  &aje  loads  for  masonry  work, — ^1.  Brickwork.  The  safe- 
bearing load  to  apply  to  brickwork  shall  be  taken  at  8 tons  per  su- 
perficial foot,  when  hme  mortar  is  used;  llY  tons  per  superficial 
foot  when  hme  and  cement  mortar  mixed  is  used,  and  15  tons  per 
superficial  foot  when  cement  mortar  is  used. 

2.  Concrete  construction.  The  safe-bearing  load  to  apply  to  con- 
crete when  Portland  cement  is  used  shall  be  taken  at  15  tons  per 
superficial  foot;  and  when  cement  other  than  Portland  is  used,  8 tons 
per  superficial  foot. 

3.  Ruhhle-stone  work.  The  safe  bearing  load  to  apply  to  rubble- 
stone  work  shall  be  taken  at  10  tons  per  superficial  foot  when  Port- 
land cement  is  used;  when  cement  other  than  Portland  is  used,  8 
tons  per  superficial  foot;  when  lime  and  cement  mortar  mixed  is 
used,  7 tons  per  superficial  foot;  and  when  lime  mortar  is  used,  5 tons 
per  superficial  foot. 

(BC.,  sec.  134,  rev.  from  L.  1882,  ch.  410,  § 483,  as  amended.) 

See  Pitcher  v.  Lennon,  12  App.  Div.  356;  Burke  v.  Ireland,  26  App.  Div.  487. 

§ 53.  Working  stresses. — The  safe  carrying  capacity  of  the  various 
materials  of  construction  (except  in  the  case  of  columns)  shall  be 
determined  by  the  following  working  stresses  in  pounds  per  square 
inch  of  sectional  area: 


1.  Compression  {Direct) 


Rolled  steel 16,000 

Cast  steel 16,000 

Wrought  iron 12,000 

Cast  iron  (in  short  blocks) 16,000 

Steel  pins  and  rivets  (bearing) 20,000 

Wrought  iron  pins  and  rivets  (bearing) 15,000 


54 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


With  Grain. 

Across  Grain. 

Oak 

900 

800 

Yellow  pine 

1,000 

600 

White  pine 

800 

400 

Spruce 

800 

400 

Locust 

1,200 

1,000 

Hemlock 

500 

500 

Chestnut 

500 

1,000 

Concrete  (Portland)  cement,  1;  sand,  2;  stone,  4. . . 230 

Concrete  (Portland)  cement,  1;  sand,  2;  stone,  5. . . 208 

Concrete  (Rosendale,  or  equal),  cement,  1;  sand,  2; 

stone,  4 125 

Concrete  (Rosendale,  or  equal),  cement,  1;  sand,  2; 

stone,  5 Ill 

Rubble  stonework  in  Portland  cement  mortar 140 

Rubble  stonework  in  Rosedale  cement  mortar Ill 

Rubble  stonework  in  lime  and  cement  mortar 97 

Rubble  stonework  in  lime  mortar 70 

Brickwork  in  Portland  cement  mortar;  cement,  1; 


sand,  3 250 

Brickwork  in  Rosendale,  or  equal,  cement  mortar; 

cement,  1;  sand,  3 208 

Brickwork  in  lime  and  cement  mortar;  cement,  1; 

lime,  1 ; sand,  6 160 

Brickwork  in  lime  mortar;  lime,  1;  sand,  4 Ill 

Granites  (according  to  test) 1,000  to  2,400 

Greenwich  stone 1,200 

Gneiss  (New  York  city) 1,300 

Limestones  (according  to  test) 700  to  2,300 

Marbles  (according  to  test) 600  to  1,200 

Sandstones  (according  to  test) 400  to  1,600 

Bluestone,  North  river 2,000 

Brick  (Haverstraw,  flatwise) 300 

Slate ■ 1,000 


2.  Tension  {Direct) 


Rolled  steel 16,000 

Cast  steel 16,000 

Wrought  iron 12,000 

Cast  iron 3,000 

Yellow  pine 1,200 

White  pine 800 

Spruce 800 

Oak 1,000 

Hemlock 600 


3.  Shear 


Steel  web  plates 9,000 

vSteel  shop  rivets  and  pins 10,000 


BUILDING  CODE 


55 


Steel  field  rivets 8,000 

Steel  field  bolts 7,000 

Wrought  iron  web  plates 6,000 

Wrought  iron  shop  rivets  and  pins 7,500 

Wrought  iron  field  rivets 6,000 

Wrought  iron  field  bolts 5,500 

Cast  iron 3,000 


With  Fibre.  Across  Fibre. 


Yellow  pine 70  500 

White  pine 40  250 

Spruce 50  320 

Oak 100  600 

Locust 100  720 

Hemlock 40  275 

Chestnut . . 150 


4.  Safe  Extreme  Fibre  Stress  {Bending) 


Rolled  steel  beams 16,000 

Rolled  steel  pins,  rivets  and  bolts 20,000 

Riveted  steel  beams  (net  flange  section) 14,000 

Rolled  wrought  iron  beams 12,000 

Rolled  wrought  iron  pins,  rivets  and  bolts 15,000 

Riveted  wrought  iron  beams  (net  flange  section) . . . 12,000 

Cast  iron,  compression  side 16,000 

Cast  iron,  tension  side 3,000 

Yellow  pine 1,200 

White  pine 800 

Spruce 800 

Oak 1,000 

Locust 1,200 

Hemlock 600 

Chestnut 800 

Granite 180 

Greenwich  stone • 150 

Gneiss  (New  York  City) 150 

Limestone 150 

Slate 400 

Marble 120 

Sandstone 100 

Bluestone,  North  river 300 

Concrete  (Portland)  cement,  1;  sand,  2:  stone,  4. . . 30 

Concrete  (Portland)  cement,  1;  sand,  2;  stone,  5.  . . 20 

Concrete  (Rosendale,  or  equal)  cement,  1;  sand,  2; 

stone,  4 16 

Concrete  (Rosendale,  or  equal)  cement,  1;  sand,  2; 

stone,  5 10 

Brick,  common 50 

Brickwork  (in  cement) 30 


5G 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§54.  Live  loads. — 1.  Generally.  Every  floor  shall  be  of  sufficient 
strength  to  bear  safely  the  weight  to  be  imposed  thereon  in  addition 
to  the  weight  of  the  materials  of  which  the  floor  is  composed.  Every 
column,  post  or  other  vertical  support  shall  be  of  sufficient  strength 
to  bear  safely  the  weight  of  the  portion  of  each  and  every  floor  de- 
pending upon  it  for  support,  in  addition  to  the  weight  required  as 
before  stated  to  be  supported  safely  upon  said  portion  of  said  floors. 

2.  Distribution.  The  weight  placed  on  any  of  the  floors  of  any 
building  shall  be  safely  distributed  thereon.  The  superintendent 
of  buildings  may  require  the  owner  or  occupant  of  any  building,  or 
of  any  portion  thereof,  to  redistribute  the  load  on  any  floor,  or  to 
lighten  such  load  where  he  deems  it  to  be  necessary. 

3.  Dwellings,  apartment  houses,  tenement  houses.  In  a building 
used  as  a dwelling  house,  apartment  house,  tenement  house,  hotel 
or  lodging  house,  each  floor  shall  be  of  sufficient  strength  in  all  its 
parts  to  bear  safely  upon  every  superficial  foot  of  its  surface  not  less 
than  60  pounds. 

4.  Office-buildings.  In  a building  used  for  office  purposes  not  less 
than  75  pounds  upon  every  superficial  foot  above  the  first  floor, 
and  for  the  latter  floor  150  pounds. 

5.  Ordinary  mercantile  or  light  manufacturing  plants.  In  a building 
to  be  used  for  ordinary  stores,  light  manufacturing  and  light  storage, 
each  floor  shall  be  of  sufficient  strength  in  all  its  parts  to  bear  safely 
not  less  than  120  pounds  upon  every  superficial  foot.  The  strength 
of  factory  floors  intended  to  carry  running  machinery  shall  be  in- 
creased above  the  minimum  given  in  this  section  in  proportion  to 
the  degree  of  vibratory  impulse  liable  to  be  transmitted  to  the  floor, 
as  may  be  required  by  the  superintendent  of  buildings. 

6.  Places  of  public  assembly.  In  a building  containing  a place  of 
public  assembly,  not  less  than  90  pounds  upon  every  superficial  foot. 

7.  Schools.  In  a building  used  as  a school  or  place  of  instruction, 
not  less  than  75  pounds  upon  every  superficial  foot. 

8.  Stables  and  carriage  houses.  In  a building  used  as  a stable  or 
carriage  house,  not  less  than  75  pounds  upon  every  superficial  foot. 

9.  Roofs.  The  roofs  of  all  buildings  having  a pitch  of  less  than 
twenty  degrees  shall  be  proportioned  to  bear  safely  50  pounds  upon 
every  superficial  foot  of  their  surface,  in  addition  to  the  weight  of 
materials  composing  the  same.  If  the  pitch  be  more  than  20  degrees 
the  live  load  shall  be  assumed  at  30  pounds  upon  every  superficial 
foot  measured  on  a horizontal  plane. 

10.  Sidewalks.  For  sidewalks  between  the  curb  and  area  lines, 
the  live  load  shall  be  taken  at  300  pounds  upon  every  superficial  foot. 

§ 55.  Floor  loads  of  stores,  factories  and  warehouses.  1.  Minimuin 
floor-strength.  In  a building  to  be  used  as  a store,  where  heavy  ma- 
terials are  kept,  or  as  a warehouse,  factory,  or  for  any  other  manu- 
facturing or  commercial  purpose,  each  floor  shall  be  of  sufficient 
strength  in  all  its  parts  to  bear  safely  not  less  than  150  pounds  upon 
every  superficial  foot. 

2.  Capacity  of  floors  to  be  ascertained  and  posted.  Before  any 
building  hereafter  erected  is  occupied  and  used,  in  whole  or  in  part, 
for  any  of  the  purposes  aforesaid,  and  before  any  building,  erected 
prior  to  the  passage  of  this  ordinance,  but  not  at  such  time  occupied 
for  any  of  the  aforesaid  purposes,  is  occupied  or  used,  in  whole  or  in 


BUILDING  CODE 


57 


part,  for  any  of  said  purposes,  the  weight  that  each  floor  will  safely 
sustain  upon  each  superficial  foot  thereof,  shall  be  ascertained  and 
posted  in  the  building  to  which  it  relates,  as  hereinafter  provided. 

3.  Estimate  of  floor  capacity.  In  all  warehouses,  storehouses, 
factories,  workshops  and  stores  where  heavy  materials  are  kept  or 
stored,  or  machinery  introduced,  the  weight  that  each  floor  will  safely 
sustain  upon  each  superficial  foot  thereof,  or  upon  each  varying 
part  of  such  floor,  shall  be  estimated  by  the  owner  or  occupant,  or 
by  a competent  person  employed  by  the  owner  or  occupant.  Such 
estimate  shall  be  reduced  to  writing,  on  printed  forms  furnished  by 
the  superintendent  of  buildings,  stating  the  material,  size,  distance 
apart  and  span  of  beams  and  girders,  posts  or  columns  to  support 
floors,  and  its  correctness  shall  be  sworn  to  by  the  person  making 
the  same,  and  it  shall  thereupon  be  filed  in  the  office  of  the  said 
superintendent. 

4.  Official  revision  of  estimates.  But  if  the  superintendent  of 
buildings  shall  have  cause  to  doubt  the  correctness  of  said  estimate, 
he  is  empowered  to  revise  and  correct  the  same  and  for  the  purpose 
of  such  revision  the  officers  and  employees  of  the  bureau  of  buildings 
may  enter  any  building  and  remove  so  much  of  any  floor  or  other 
portion  thereof  as  may  be  required  to  make  necessary  measurements 
and  examination.  Any  expense  necessarily  incurred  in  removing 
any  floor  or  other  portion  of  any  building  for  the  purpose  of  making 
any  examination  herein  provided  for  shall  be  paid  by  the  comptroller, 
upon  the  requisition  of  the  superintendent  of  buildings,  out  of  the 
fund  paid  over  to  him  under  the  provisions  of  § 639  of  this  chapter. 
Such  expenses  shall  be  a charge  against  the  person  or  persons  by 
whom  or  on  whose  behalf  said  estimate  was  made,  provided  such 
examination  proves  the  floors  of  insufficient  strength  to  carry  with 
safety  the  loads  found  upon  them  when  such  examination  was  made; 
and  shall  be  collected  in  an  action  to  be  brought  by  the  corporation 
counsel  against  said  person  or  persons,  and  the  sum  so  collected  shall 
be  paid  over  to  the  comptroller  to  be  deposited  in  said  fund  in  reim- 
bursement of  the  amount  paid  as  aforesaid.  When  the  architect 
of  record  for  any  building  has  filed  with  his  apphcation  to  build  the 
data  required  to  determine  the  strength  of  floors,  on  one  of  the  blank 
forms  provided  for  that  purpose,  such  examination  shall  not  be 
required  provided  that  the  purposes  and  uses  of  the  building  have 
not  been  changed. 

5.  Posting  estimates  of  floor  capacities.  When  the  correct  estimate 
of  the  weight  that  floors  in  any  such  buildings  will  safely  sustain  has 
been  ascertained,  as  herein  provided,  the  superintendent  of  buildings 
shall  approve  the  same,  and  thereupon  the  owner  or  occupant  of 
said  building,  or  of  any  portion  thereof,  shall  post  a copy  of  such 
approved  estimate  in  a conspicuous  place  on  each  story,  or  varying 
parts  of  each  story,  of  the  building  to  which  it  relates. 

6.  Overloading  prohibited.  No  person  shall  place,  or  cause  or  permit 
to  be  placed  on  any  floor  of  any  building  any  greater  load  than  the 
safe  load  thereof,  as  correctly  estimated  and  ascertained  as  herein 
provided. 

§ 56.  Temporary  supports. — Every  temporary  support  placed 
under  any  structure,  wall,  girder  or  beam,  during  the  erection, 
finishing,  alteration,  or  repairing  of  any  building  or  structure  or  any 


58 


CODE  OF  OUDINANCES  OP  THE  CITY  OP  NEW  YORK 


part  thereof,  shall  be  of  sufficient  strength  to  safely  carry  the  load 
to  be  placed  thereon. 

§ 57.  Wind  pressure. — All  structures  exposed  to  wind  shall  be 
designed  to  resist  a horizontal  wind  pressure  of  30  pounds  for  every 
square  foot  of  surface  thus  exposed,  from  the  ground  to  the  top  of 
same,  including  roof,  in  any  direction.  In  no  case  shall  the  over- 
turning moment  due  to  wind  pressure  exceed  75  per  centum  of  the 
moment  of  stability  of  the  structure.  In  all  structures  exposed  to 
wind,  if  the  resisting  moments  of  the  ordinary  materials  of  construc- 
tion, such  as  masonry,  partitions,  floors  and  connections  are  not 
sufficient  to  resist  the  moment  of  distortion  due  to  wind  pressure, 
taken  in  any  direction  on  any  part  of  the  structure,  additional 
bracing  shall  be  introduced  sufficient  to  make  up  the  difference  in  the 
moments.  In  calculations  for  wind  bracing,  the  working  stresses  set 
forth  in  this  chapter  may  be  increased  by  50  per  centum.  In  build- 
ings under  100  feet  in  height,  provided  the  height  does  not  exceed 
4 times  the  average  width  of  the  base,  the  wind  pressure  may  be 
disregarded. 

ARTICLE  4 

CLASSIFICATION  OF  BUILDINGS 

Sec.  70. 

ARTICLE  5 

RESTRICTED  AREAS 

Sec.  90.  Fire  limits. 

§ 91.  Suburban  hmits. 

§ 92.  Enlarging  buildings. 

§ 93.  Repair  of  damaged  buildings. 

§ 94.  Moving  buildings. 

§ 95.  Buildings  in  process  of  construction. 

§ 96.  Frame  buildings  permitted. 

Sec.  90.  Fire  limits. — Except  as  otherwise  specifically  provided 
in  this  chapter,  or  as  the  same  may  be  amended  from  time  to  time,  no 
frame,  wood  or  other  combustible  structure  shall  be  hereafter  built 
in  the  city  within  the  following  hmits  hereinafter  referred  to  as  the 
fire  limits  and  no  person  shall  maintain,  occupy  or  use  any  such 
structure  erected  in  violation  of  any  provision  of  this  ordinance: 

1.  In  the  borough  of  Manhattan:  Beginning  at  a point  on  the  North 
river  at  the  Battery,  and  running  thence  northerly  along  the  pierhead 
line  to  a point  100  feet  north  of  the  northerly  side  of  Dyckman  street; 
thence  running  easterly  100  feet  north  of  and  parallel  to  the  northerly 
side  of  Dyckman  street  to  a point  100  feet  west  of  the  westerly  side  of 
Seaman  avenue;  thence  running  northerly  100  feet  w^®^ 
parallel  to  the  westerly  side  of  Seaman  avenue  to  a point  100  feet 
south  of  the  southerly  side  of  W.  215th  st.;  thence  running  easterly 
100  feet  south  of  and  parallel  to  the  southerly  side  of  W.  215th  st., 
to  a point  100  feet  west  of  the  westerly  side  of  Broadway;  thence 
running  northerly  100  feet  west  of  and  parallel  to  the  westerly  side  of 


BUILDING  CODE 


50 


Broadway  to  the  bulkhead  line  of  the  Harlem  ship  canal;  thence 
easterly  and  southerly  along  the  bulkhead  line  of  the  Harlem  ship 
canal  and  the  Harlem  river  to  the  Bronx  kills;  thence  easterly  along 
the  bulkhead  line  of  the  Bronx  kills  to  the  East  river;  thence  southerly 
along  the  East  River  to  the  east  of  Randalls,  Wards  and  Blackwells 
islands  and  along  the  pierhead  hne  of  the  East  river  to  the  North 
river,  at  the  place  of  beginning. 

2.  In  the  borough  of  the  Bronx:  a.  Beginning  at  a point  on  the 
eastern  bullchead  line  of  the  Harlem  river  at  the  intersection  with  the 
centre  line  of  Washington  bridge  to  Aqueduct  ave.,  thence  running 
northerly  along  the  centre  line  of  Aqueduct  ave.  to  Featherbed  lane, 
thence  running  northeasterly  along  the  centre  line  of  Featherbed  lane 
to  Macombs  road,  thence  running  southerly  along  the  centre  line  of 
Macombs  road  to  174th  st.,  thence  running  easterly  along  the  centre 
line  of  174th  st.  to  a point  100  feet  west  of  the  westerly  side  of 
Jerome  ave.,  thence  running  northerly  100  feet  west  of  and  parallel 
to  the  westerly  side  of  Jerome  ave.  to  Woodlawn  road,  thence  running 
southeasterly  along  the  centre  line  of  Woodlawn  road  to  a point 
100  feet  east  of  the  easterly  side  of  Jerome  ave.,  thence  running 
southerly  1.00  feet  east  of  and  parallel  to  the  easterly  side  of  Jerome 
ave.,  to  E.  174th  st.,  thence  running  easterly  along  the  centre  line  of 
E.  174th  st.  to  a point  100  feet  west  of  the  westerly  side  of  Webster 
ave.,  thence  running  northerly  100  feet  west  of  and  parallel  to  the 
westerly  side  of  Webster  ave.  to  a point  100  feet  north  of  the  north- 
erly side  of  Gun  Hill  road,  thence  running  easterly  100  feet  north  of 
and  parallel  to  the  northerly  side  of  Gun  Hill  road  to  a point  100  feet 
west  of  the  westerly  side  of  White  Plains  road,  thence  running  westerly 
100  feet  south  of  and  parallel  to  the  southerly  side  of  Gun  Hill  road  to 
the  westerly  hne  of  the  right  of  way  of  the  New  York  and  Harlem  rail- 
road, thence  running  southerly  along  the  westerly  line  of  the  right  of 
way  of  the  New  York  and  Harlem  railroad  to  a point  100  feet  north 
of  the  northerly  side  of  Fordham  road,  thence  running  easterly  100 
feet  north  of  and  parallel  to  the  northerly  side  of  Fordham  road  to  the 
westerly  boundary  of  Bronx  park,  thence  running  southerly  along  the 
westerly  boundary  and  easterly  along  the  southerly  boundary  of 
Bronx  park  to  the  Bronx  river,  thence  running  southerly  along  the 
centre  line  of  the  Bronx  river  to  a point  100  feet  north  of  the  north- 
erly side  of  Walker  ave.,  thence  running  easterly  100  feet  north  of 
and  parallel  to  the  northerly  side  of  Walker  ave.  to  a point  100  feet 
west  of  the  westerly  side  of  Morris  Park  ave.,  thence  running  north- 
easterly 100  feet  northwest  of  and  parallel  to  the  northwesterly  side 
of  Morris  Park  ave.  to  a point  100  feet  west  of  the  westerly  side  of 
White  Plains  road,  thence  running  northerly  100  feet  west  of  and 
parallel  to  the  westerly  side  of  White  Plains  road  to  the  northerly 
boundary  line  of  the  city,  thence  running  easterly  along  said  bound- 
ary line  to  a point  100  feet  east  of  the  easterly  side  of  White  Plains 
road,  thence  running  southerly  100  feet  east  of  and  parallel  to  the 
easterly  side  of  White  Plains  road  to  a point  100  feet  south  of  the 
southerly  side  of  Morris  Park  ave.,  thence  running  southwesterly 
100  feet  southeast  of  and  parallel  to  the  southeasterly  side  of  Morris 
Park  ave.  to  a point  100  feet  south  of  the  southerly  side  of  Walker 
ave.,  thence  running  westerly  100  feet  south  of  and  parallel  to  the 
southerly  side  of  Walker  ave.  to  the  Bronx  river,  thence  running 


t)0  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

southerly  along  the  centre  hne  of  the  Bronx  river  to  a point  100  feet 
north  of  the  northerly  side  of  Westchester  ave.,  thence  running 
easterly  100  feet  north  of  and  parallel  to  the  northerly  side  of  West- 
chester ave.  to  the  Eastern  boulevard,  thence  running  southerly 
across  Westchester  ave.  to  a point  100  feet  south  of  the  southerly 
side  of  Westchester  ave.,  thence  running  westerly  100  feet  south  of 
and  parallel  to  the  southerly  side  of  Westchester  ave.  to  the  Bronx 
river,  thence  running  southerly  along  the  centre  line  of  the  Bronx 
river  to  the  East  river,  thence  running  southeasterly  along  the  East 
river,  northwesterly  along  the  Bronx  kills  and  northerly  along  the 
Harlem  river  to  the  point  of  beginning; 

b.  Also,  beginning  at  a point  on  the  boundary  hne  between  the 
boroughs  of  The  Bronx  and  Manhattan  in  the  bed  of  the  old  Spuyten 
Duyvil  creek  100  feet  west  of  the  westerly  side  of  Broadway,  thence 
running  northerly  100  feet  west  of  and  parallel  to  the  westerly  side  of 
Broadway  to  the  city  hne,  thence  running  easterly  along  the  city 
hne  to  the  east  side  of  Broadway,  thence  running  southerly  along  the 
easterly  side  of  Broadway  to  the  northerly  side  of  Van  Cortlandt 
park  south,  thence  running  easterly  to  a point  100  feet  east  of  the 
easterly  side  of  Broadway,  thence  running  southerly  100  feet  east  of 
and  parallel  to  the  easterly  side  of  Broadway  to  the  boundary  hne 
between  the  boroughs  of  The  Bronx  and  Manhattan,  thence  running 
westerly  along  said  boundary  hne  to  the  point  of  beginning. 

3.  In  the  borough  of  Brooklyn:  a.  Beginning  at  the  junction  of 
Newtown  creek  with  the  East  river,  thence  running  along  Newtown 
creek  and  the  borough  line  between  Brooklyn  and  Queens  to  Chaun- 
cey  st.,  thence  running  southwesterly  along  the  centre  hne  of  Chaun- 
cey  st.  to  Central  ave.,  thence  running  southeasterly  along  the 
centre  line  of  Central  ave.  to  the  boundary  hne  of  Evergreen  cem- 
etery, thence  running  southerly  along  the  boundary  hne  of  Ever- 
green cemetery  to  Highland  boulevard,  thence  running  northeasterly 
along  the  centre  line  of  Highland  boulevard  to  Highland  park,  thence 
running  southerly  along  the  boundary  hne  of  Highland  park  to  Ja- 
maica ave.,  thence  running  easterly  along  the  northerly  side  of 
Jamaica  ave.  to  the  borough  line  between  Brooklyn  and  Queens, 
thence  running  southerly  along  said  borough  hne  to  a point  100 
feet  south  of  the  southerly  side  of  Jamaica  ave.,  thence  running 
westerly  100  feet  south  of  and  parallel  to  the  southerly  side  of  Ja- 
maica ave.  to  a point  100  feet  east  of  the  easterly  side  of  Norwood 
ave.,  thence  running  southerly  100  feet  east  of  and  parallel  to  the 
easterly  side  of  Norwood  ave.  to  Atlantic  ave.,  thence  running 
easterly  along  the  centre  hne  of  Atlantic  ave.,  to  a point  100  feet  east 
of  the  easterly  side  of  MiKord  st.,  thence  running  southerly  100  feet 
east  of  and  parallel  to  the  easterly  side  of  Milford  st.  to  a point  100 
feet  south  of  the  southerly  side  of  New  Lots  ave.,  thence  running 
westerly  100  feet  south  of  and  parallel  to  the  southerly  side  of  New 
Lots  ave.  to  a point  100  feet  south  of  the  southerly  side  of  Riverdale 
ave.,  thence  running  westerly  100  feet  south  of  and  parallel  to  the 
southerly  side  of  Riverdale  ave.  to  a point  100  feet  west  of  the  west- 
erly side  of  E.  98th  st.,  thence  running  northwesterly  100  feet  west 
of  and  parallel  to  the  westerly  side  of  E.  98th  st.  to  a point  100  feet 
south  of  the  southerly  side  of  Clarkson  ave.,  thence  running  westerly 
100  feet  south  of  and  parallel  to  the  southerly  side  of  Clarkson  ave. 


BUILDING  CODE 


61 


across  Remsen  ave.  and  continuing  100  feet  south  of  and  parallel  to 
the  southerly  side  of  Clarkson  ave.  to  a point  100  feet  east  of  the 
easterly  side  of  Flatbush  ave.,  thence  running  southerly  100  feet 
east  of  and  parallel  to  the  easterly  side  of  Flatbush  ave.  to  a point 
opposite  the  junction  of  Kings  highway  with  Flatbush  ave.,  thence 
running  westerly  across  Flatbush  ave.  to  a point  100  feet  west  of  the 
westerly  side  of  Flatbush  ave.,  thence  running  northerly  100  feet 
west  of  and  parallel  to  the  westerly  side  of  Flatbush  ave.  to  a point 
100  feet  south  of  the  southerly  side  of  Church  ave.,  thence  running 
westerly  100  feet  south  of  and  parallel  to  the  southerly  side  of 
Church  ave.  to  a point  100  feet  southeast  of  the  southeasterly  side  of 
14th  ave.,  thence  running  southwesterly  100  feet  southeast  of  and 
parallel  to  the  southeasterly  side  of  14th  ave.  to  a point  100  feet 
southwest  of  the  southwesterly  side  of  60th  st.,  thence  running 
northwesterly  100  feet  southwest  of  and  parallel  to  the  southwest 
side  of  60th  st.  to  New  York  bay,  thence  running  northerly  along 
the  pierhead  line  of  New  York  bay,  Gowanus  bay.  Buttermilk  chan- 
nel and  the  East  river  to  the  point  of  beginning; 

b.  Beginning  at  a point  at  the  intersection  of  the  Atlantic  Ocean 
and  W.  5th  st.,  thence  running  northerly  along  the  centre  line  of 
W.  5th  st.  to  a point  100  feet  north  of  the  northerly  side  of  Surf  ave., 
thence  running  westerly  100  feet  north  of  and  parallel  to  the  north- 
erly side  of  Surf.  ave.  to  W.  8th  st.,  thence  running  westerly  along 
the  southerly  side  of  the  right  of  way  of  the  Norton’s  Point  railroad 
to  W.  37th  st.,  provided  that  at  no  point  along  said  right  of  way 
shall  these  limits  be  taken  at  a distance  less  than  100  feet  north  of  the 
northerly  side  of  Surf  ave.,  thence  running  southerly  along  the  centre 
line  of  W.  37th  st.  to  the  Atlantic  Ocean,  thence  running  easterly 
along  the  shore  line  to  the  point  of  beginning; 

4.  In  the  borough  of  Queens,  a.  Beginning  at  a point  in  the  bulk- 
head line  of  the  East  River  at  its  intersection  with  the  centre  line  of 
Winthrop  ave.,  thence  running  southeasterly  along  the  centre  line  of 
Winthrop  ave.  to  a point  100  feet  southeast  of  the  southeasterly  side 
of  Stein  way  ave.,  thence  running  southwesterly  100  feet  southeast  of 
and  parallel  to  the  southeasterly  side  of  Stein  way  ave.  to  a point  100 
feet  north  of  the  northerly  side  of  Astoria  ave.,  thence  running 
easterly  100  feet  north  of  and  parallel  to  the  northerly  side  of  Astoria 
ave.  to  the  Old  Bowery  bay  road,  thence  running  southerly  along  the 
centre  line  of  the  Old  Bowery  bay  road  to  Woodside  ave.,  thence 
running  southerly  along  the  centre  line  of  Woodside  ave.  to  Middle- 
burg  ave.,  thence  running  westerly  along  the  centre  line  of  Middle- 
burg  ave.  to  Dickson  st.,  thence  running  southerly  along  the  centre 
line  of  Dickson  st.  to  a point  100  feet  south  of  the  southerly  side  of 
Greenpoint  ave.,  thence  running  westerly  100  feet  south  of  and 
parallel  to  the  southerly  side  of  Greenpoint  ave.  to  Borden  ave., 
thence  running  easterly  along  the  centre  line  of  Borden  ave.  to  a 
point  100  feet  east  of  the  easterly  side  of  Clifton  ave.,  thence  running 
southerly  100  feet  east  of  and  parallel  to  the  easterly  side  of  Clifton 
ave.  to  Newtown  Creek,  thence  along  Newtown  creek  to  the  East 
river,  thence  running  northerly  along  the  bulkhead  line  of  the  East 
river  to  the  place  of  beginning; 

b.  Beginning  at  a point  on  the  borough  line  between  Queens  and 
Brooklyn  intersected  by  a line  distant  100  feet  north  of  and  parallel 


02 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


to  the  northerly  side  of  Metropolitan  ave.,  thence  running  easterly 
100  feet  north  of  and  parallel  to  the  northerly  side  of  Metropolitan 
ave.  to  a point  100  feet  east  of  the  easterly  side  of  Fresh  Pond  road, 
thence  running  southerly  100  feet  east  of  and  parallel  to  the  easterly 
side  of  Fresh  Pond  road  to  Myrtle  ave.,  thence  running  southerly 
along  the  Long  Island  railroad  to  the  borough  line  between  Queens 
and  Brooklyn,  thence  running  northwesterly  along  said  Borough  line 
to  the  point  of  beginning; 

c.  Beginning  at  a point  on  the  borough  line  between  Queens  and 
Brooklyn  100  feet  north  of  the  northerly  side  of  Jamaica  ave., 
thence  running  easterly  100  feet  north  of  and  parallel  to  the  northerly 
side  of  Jamaica  ave.,  to  Bren  ton  ave.,  thence  running  southerly 
across  Jamaica  ave.  to  a point  100  feet  south  of  the  southerly  side 
thereof,  thence  running  westerly  100  feet  south  of  and  parallel  to  the 
southerly  side  of  Jamaica  ave.  to  a point  100  feet  east  of  the  easterly 
side  of  Roseville  ave.,  thence  running  southerly  100  feet  east  of  and 
parallel  to  the  easterly  side  of  Roseville  ave.  to  Mandsley  st.,  thence 
running  westerly  across  Roseville  ave.  to  a point  100  feet  west  of  the 
westerly  side  thereof,  thence  running  northerly  100  feet  west  of  and 
parallel  to  the  westerly  side  of  Roseville  ave.  to  a point  100  feet  south 
of  the  southerly  side  of  Jamaica  ave.,  thence  running  westerly  100 
feet  south  of  and  parallel  to  the  southerly  side  of  Jamaica  avenue  to 
the  boundary  line  between  the  boroughs  of  Queens  and  Brooklyn, 
thence  running  northerly  along  said  boundary  line  to  the  place  of 
beginning; 

d.  Beginning  at  a point  on  the  centre  line  of  Madison  street. 
Flushing,  100  feet  west  of  the  westerly  side  of  Main  street,  thence 
running  northerly  100  feet  west  of  and  parallel  to  the  westerly  side  of 
Main  street  to  Jackson  ave.,  thence  running  easterly  along  the  centre 
line  of  Jackson  ave.  to  a point  100  feet  east  of  the  easterly  side  of 
Main  street,  thence  running  southerly  100  feet  east  of  and  parallel  to 
the  easterly  side  of  Main  street  to  Madison  street,  thence  running 
westerly  along  the  centre  line  of  Madison  street  to  the  point  of 
beginning. 

The  erection  of  a frame  dwelling  in  a manner  forbidden  by  the  ordinance,  does 
not  give  private  citizen  right  to  an  injunction  unless  special  injury  to  him  be  shown. 
Young  V.  Scheu,  56  Hun.  307.  Wooden  building  created  vested  right,  which  can- 
not be  revoked  by  ordinance.  City  of  Buffalo  v.  Chodeoyne,  45  St.  Rep.  765. 

§ 91.  Suburban  limits. — Except  as  otherwise  specifically  provided 
in  this  chapter,  no  frame  or  wood  structure  shall  be  built  hereafter 
within  the  following  areas  or  limits  hereinafter  referred  to  as  “Subur- 
ban Limits,’^  and  it  shall  be  unlawful  to  maintain,  occupy  or  use 
any  such  structure  erected  in  violation  of  any  of  the  provisions  of 
this  ordinance,  provided,  however,  that  nothing  herein  contained 
shall  prevent  the  erection,  maintenance  or  occupancy  of  any  frame 
building  to  be  used  exclusively  for  residence  purposes  with  not  more 
than  15  sleeping  rooms  and  covering  not  more  than  85  per  cent, 
of  the  width  of  the  lot  or  plot  on  which  it  is  erected,  and  maintaining 
on  at  least  one  side  an  open  space  or  open  spaces  as  may  be  neces- 
sary to  preserve  such  restriction,  or  of  any  one-story  frame  stable 
or  garage  not  exceeding  600  square  feet  in  area  or  15  feet  in  height 
and  erected  on  the  same  plot  with  a one  or  two-family  building  and 
maintained  on  all  sides  at  least  4 feet  from  any  lot  line. 


BUILDING  CODE 


63 


1.  In  the  borough  of  Marihattan,  all  that  portion  of  the  borough 
not  included  in  the  fire  limits. 

2.  In  the  borough  of  The  Bronx,  all  that  portion  of  the  borough 
lying  between  the  fire  limits  and  the  following  boundaries: 

Beginning  at  the  Hudson  river  and  running  easterly  along  the 
boundary  line  between  the  borough  of  The  Bronx  and  Westchester 
county  to  a point  100  feet  east  of  the  easterly  side  of  Barnes  avenue, 
thence  southerly  100  feet  east  of  and  parallel  to  the  easterly  side  of 
Barnes  avenue  to  a point  100  feet  east  of  the  easterly  side  of  Bronx- 
wood  avenue,  continuing  southerly  100  feet  east  of  and  parallel  to 
the  easterly  side  of  Bronxwood  avenue  to  a point  100  feet  south  of 
the  southerly  side  of  Adee  avenue,  thence  easterly  100  feet  south  of 
and  parallel  to  the  southerly  side  of  Adee  ave.  to  a point  100  feet 
east  of  the  easterly  line  of  Laconia  ave.,  thence  southerly  100  feet 
east  of  and  parallel  to  the  easterly  side  of  Laconia  ave.  to  a point 
100  feet  south  of  the  southerly  side  of  Waring  avenue,  thence  easterly 
100  feet  south  of  and  parallel  to  the  southerly  side  of  Waring  avenue 
to  the  centre  of  Givan’s  basin,  thence  southeasterly  and  easterly 
along  the  centre  hne  of  Givan’s  basin  to  Eastchester  creek,  thence 
southeasterly  and  southerly  through  Eastchester  creek  and  East- 
chester bay  to  a line  100  feet  south  of  and  parallel  with  the  southerly 
side  of  Waterbury  ave.,  thence  westerly  along  a line  running  100  feet 
south  of  and  parallel  to  the  southerly  side  of  Waterbury  ave.  to  West- 
chester creek,  thence  southerly  along  the  centre  hne  of  Westchester 
creek  to  a point  100  feet  south  of  the  southerly  side  of  Lafayette 
avenue,  thence  westerly  100  feet  south  of  and  parallel  to  the  southerly 
side  of  Lafayette  avenue  to  a point  100  feet  west  of  the  westerly 
side  of  White  Plains  road,  thence  northerly  100  feet  west  of  and 
parallel  to  the  westerly  side  of  White  Plains  road  to  a point  100  feet 
south  of  the  southerly  side  of  Watson  avenue,  thence  westerly  100 
feet  south  of  and  parallel  to  the  southerly  side  of  Watson  avenue 
to  the  Bronx  river. 

3.  In  the  borough  of  Brooklyn,  all  that  portion  of  the  borough  lying 
between  the  fire  limits  and  the  following  boundaries:  Beginning  at 
the  Atlantic  Ocean  on  a hne  100  feet  east  of  and  parallel  to  the  easterly 
side  of  Ocean  parkway,  running  thence  northerly  100  feet  east  of 
and  parallel  to  the  easterly  side  of  Ocean  parkway,  to  a point  100 
feet  south  of  the  southerly  side  of  Neptune  ave.;  thence  easterly 
100  feet  south  of  and  parallel  to  the  southerly  side  of  Neptune  avenue, 
to  a point  100  feet  east  of  the  easterly  side  of  Coney  Island  avenue; 
thence  southerly  100  feet  east  of  and  parallel  to  the  easterly  side  of 
Coney  Island  avenue,  to  the  Atlantic  Ocean;  thence  easterly  along 
the  line  up  to  the  Atlantic  Ocean  to  a point  100  feet  east  of  the  east- 
erly side  of  Thornhill  street  (Manhattan  Beach  Estates),  running 
thence  northerly  100  feet  east  of  and  parallel  to  the  easterly  side  of 
Thornhill  street,  continuing  across  Sheepshead  bay  till  it  intersects 
with  a hne  drawn  100  feet  north  of  and  parallel  to  the  northerly 
side  of  Emmons  avenue,  thence  westerly  100  feet  north  of  and  par- 
allel to  the  northerly  side  of  Emmons  avenue  to  a point  100  feet 
east  of  the  easterly  side  of  Batchelder  street,  thence  northerly  100 
feet  east  of  and  parallel  to  the  easterly  side  of  Batchelder  street 
to  a point  100  feet  north  of  the  northerly  side  of  Avenue  Z,  thence 
westerly  100  feet  north  of  and  parallel  to  the  northerly  side  of  Av- 


64 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


enue  Z to  a point  100  feet  east  of  the  easterly  side  of  Ocean  avenue; 
thence  northerly  100  feet  east  of  and  parallel  to  the  easterly  side  of 
Ocean  avenue  to  a point  100  feet  south  of  the  southerly  side  of 
Avenue  U,  thence  easterly  100  feet  south  of  and  parallel  to  the 
southerly  side  of  Avenue  U to  a point  100  feet  east  of  the  easterly 
side  of  Nostrand  avenue,  thence  northerly  100  feet  east  of  and  par- 
rallel  to  the  easterly  side  of  Nostrand  avenue  to  a point  100  feet 
south  of  the  southerly  side  of  Avenue  N,  thence  easterly  100  feet 
south  of  and  parallel  to  the  southerly  side  of  Avenue  N,  to  a point 
100  feet  west  of  the  westerly  side  of  East  35th  street,  thence  south- 
easterly 100  feet  southwest  of  and  parallel  to  the  southwesterly  side 
of  E.  fcth  street  to  a point  100  feet  southeast  of  the  southeasterly 
side  of  Flatlands  ave.,  thence  northeasterly  100  feet  southeast  of  and 
parallel  to  the  southeasterly  side  of  Flatlands  ave.  to  a point  100 
feet  east  of  the  easterly  side  of  Schenectady  avenue,  thence  northerly 
100  feet  east  of  and  parallel  to  the  easterly  side  of  Schenectady 
avenue  to  a point  100  feet  south  of  the  southerly  side  of  Clarendon 
road,  thence  easterly  100  feet  south  of  and  parallel  to  the  southerly 
side  of  Clarendon  road  to  a point  100  feet  southeast  of  the  south- 
easterly side  of  Ditmas  avenue,  thence  northeasterly  100  feet  south- 
east of  and  parallel  to  the  southeasterly  side  of  Ditmas  avenue  to  a 
point  100  feet  northeast  of  the  northeasterly  side  of  East  98th  Street, 
thence  northwesterly  100  feet  northeast  of  and  parallel  to  the  north- 
easterly side  of  East  98th  street  to  a point  100  feet  south  of  the 
southerly  side  of  Vienna  ave.,  thence  easterly  100  feet  south  of  and 
parallel  to  the  southerly  side  of  Vienna  avenue  to  a point  100  feet 
east  of  the  easterly  side  of  Fountain  avenue,  thence  northerly  100 
feet  east  of  and  parallel  to  the  easterly  side  of  Fountain  avenue  to  a 
point  100  feet  south  of  the  southerly  side  of  Sutter  avenue,  thence 
easterly  100  feet  south  of  and  parallel  to  the  southerly  side  of  Sutter 
avenue  to  the  boundary  line  of  Queens  borough. 

§ 92.  Enlarging  buildings. — Except  as  otherwise  specifically  pro- 
vided in  this  chapter,  or  as  the  same  shall  be  amended  from  time  to 
time,  no  existing  frame,  wood  or  other  combustible  structure  shall 
be  enlarged  within  the  fire  limits,  or  suburban  limits,  except  in  con- 
formity with  the  provisions  of  this  chapter  with  respect  to  new 
structures. 

§93.  Repair  of  damaged  buildings. — 1.  When  prohibited.  Within 
the  fire  limits  any  existing  frame,  wood,  or  other  combustible  struc- 
tures which,  in  the  judgment  of  the  superintendent  of  buildings 
of  the  borough,  may  be  damaged  from  any  cause  whatsoever  to  an 
amount  greater  than  one-half  of  the  value  thereof  exclusive  of  the 
foundations  or  may  be  in  need  of  structural  repairs  to  an  amount 
greater  than  one-half  of  its  value  exclusive  of  the  foundations,  shall 
not  be  repaired  or  rebuilt,  but  shall  be  taken  down. 

2.  Surveys.  In  case  the  owner  or  owners  of  the  structure  which 
may  be  damaged  or  in  need  of  repairs  shall  be  dissatisfied  with 
the  decision  of  the  superintendent  of  buildings  as  to  the  extent  of 
such  damage  or  need  of  repairs,  then  the  amount  or  extent  of  such 
damage  or  required  repairs  shall  be  determined  by  competent  sur- 
veyors, one  appointed  by  the  superintendent  of  buildings,  one  by 
the  owner  or  owners  of  the  structure  and,  in  case  these  two  do  not 
agree,  one  selected  by  them  jointly.  The  report  of  the  surveyors 


BUILDING  CODE 


65 


shall  be  reduced  to  writing  and,  when  signed  by  any  two  of  them, 
shall  be  conclusive.  No  building  the  subject  of  survey  shall  be  in 
any  manner  repaired,  altered  or  rebuilt  until  after  the  decision  of 
the  surveyors  shall  have  been  rendered. 

§ 94.  Moving  buildings. — No  frame,  wood  or  other  combustible 
structure  shall  be  moved  from  without  to  within  the  fire  limits,  nor 
from  one  lot  to  another  within  the  fire  limits,  except  that  when 
condemnation  proceedings  have  been  held  and  the  property  has  been 
acquired  by  the  city  previous  to  the  enactment  of  this  ordinance, 
frame  buildings  located  on  such  property  may  be  moved  to  any 
vacant  lot  within  the  fire  limits,  provided  such  buildings  shall  be  so 
moved  before  July  1st,  1915. 

§ 95.  Buildings  in  'process  of  construction. — Nothing  herein  con- 
tained shall  prevent  the  erection  or  completion  of  a frame  structure 
for  which  a permit  has  been  lawfully  issued  at  the  time  this  ordinance 
shall  take  effect  within  such  portions  of  the  fire  limits  as  were  not 
heretofore  included  within  the  fire  limits  of  the  city;  provided  the 
work  thereon  shall  be  diligently  prosecuted  so  that  the  structure 
shall  be  completed  within  15  months  after  the  passage  of  this  ordi- 
nance. 

In  case  any  such  structure  shall  not  be  completed  within  the  said 
period  the  holder  of  the  permit  therefor  shall  be  deemed  to  have 
forfeited  all  rights  and  privileges  thereunder  and  the  uncompleted 
building  or  structure  shall  be  taken  down  and  removed  within  60  days 
after  the  date  of  the  forfeiture  of  such  permit. 

§ 96.  Frame  buildings  permitted. — If  any  block  situated  within  the 
fire  limits  has  90  per  cent,  of  the  buildings  erected  thereon  con- 
structed of  frame,  any  vacant  lot  situated  therein  may  have  a frame 
building  placed  or  constructed  thereon,  provided  the  same  be  not 
more  than  2 stories  and  basement  in  height  and  is  to  be  used  for 
residence  purposes  only. 

ARTICLE  6 

HEIGHT,  SIZE  AND  ARRANGEMENT 

Sec.  110. 

ARTICLE  7 

LIGHT  AND  VENTILATION 

Sec.  130. 

ARTICLE  8 

EXIT  FACILITIES 

Sec.  150.  Stairways. 

§ 151.  Basement  entrance. 

§ 152.  Fire  escapes. 

§ 153.  Exit  to  roof. 

§ 154.  Manhole  ladders  from  boiler  rooms. 

Sec.  150.  Stairways. — 1.  Number  requisite.  In  any  building  here- 
after erected  to  be  used  as  a store,  factory,  hotel  or  lodging  house, 
5 


66 


CODE  OF  OllDlNANCES  OF  THE  CITY  OF  NEW  YORK 


covering  a lot  area  exceeding  2,500  feet  and  not  exceeding  5,000  feet, 
there  shall  be  provided  at  least  2 continuous  lines  of  stairs  remote 
from  each  other,  and  every  such  building  shall  have  at  least  one 
continuous  line  of  stairs  for  each  5,000  feet  of  lot  area  covered,  or 
part  thereof,  in  excess  of  that  required  for  5,000  feet  of  area.  When 
any  such  building  covers  an  area  of  lot  greater  than  15,000  feet  the 
number  of  stairs  shall  be  increased  proportionately,  or  as  will  meet 
with  the  approval  of  the  superintendent  of  buildings. 

2.  Support  of  treads.  In  all  buildings  hereafter  erected  more  than 
7 stories  in  height,  where  the  treads  and  landings  of  iron  stairs  are  of 
slate,  marble  or  other  stone,  they  shall  each  be  supported  directly 
underneath,  for  their  entire  length  and  width,  by  an  iron  plate  made 
solid  or  having  openings  not  exceeding  4 inches  square  in  same,  of 
adequate  strength  and  securely  fastened  to  the  strings.  In  case  such 
supporting  plates  be  made  solid,  the  treads  may  be  of  oak,  not  less 
than  one  and  inches  thick. 

§ 151.  Basement  entrances. — Every  dwelling  house  arranged  for  or 
occupied  by  2 or  more  famihes  above  the  first  story,  hereafter 
erected,  shall  be  provided  with  an  entrance  to  the  basement  thereof 
from  the  outside  of  such  building. 

§ 152.  Fire  escapes. — 1.  Buildings  on  which  required.  Every 
dwelling-house  occupied  by  or  built  to  be  occupied  by  3 or  more 
families,  and  every  building  already  erected,  or  that  may  hereafter  be 
erected,  more  than  3 stories  in  height,  occupied  and  used  as  a hotel 
or  lodging-house,  and  every  boarding-house  having  more  than  15 
sleeping  rooms  above  the  basement  story,  and  every  factory,  mill, 
manufactory  or  workshop,  hospital,  asylum  or  institution  for  the 
care  or  treatment  of  individuals,  and  every  building  3 stories  and 
over  in  height  used  or  occupied  as  a store  or  workroom,  and  every 
building  in  whole  or  in  part  occupied  or  used  as  a school  or  place  of 
instruction  or  assembly,  and  every  office  building  five  stories  or  more 
in  height,  shall  be  provided  with  such  good  and  sufficient  fire-escape, 
stairways  or  other  means  of  e^ess  in  case  of  fire  as  shall  be  directed 
by  the  superintendent  of  buildings  having  jurisdiction;  and  said 
superintendent  shall  have  full  and  exclusive  power  and  authority 
within  said  city  to  direct  fire-escapes  and  other  means  of  egress  to  be 
provided  upon  and  within  said  building  or  any  of  them.  The  owner 
or  owners  of  any  building  upon  which  a fire-escape  is  erected  shall 
keep  the  same  in  good  repair  and  properly  painted. 

2.  Incumbering  fire-escapes.  No  person  shall  at  any  time  place  any 
incumbrance  of  any  kind  whatsoever  before  or  upon  any  fire-escape, 
balcony  or  ladder. 

3.  Notice  against  incumbrances.  In  constructing  all  balcony  fire- 
escapes  the  manufacturer  thereof  shall  securely  fasten  thereto,  in  a 
conspicuous  place,  a cast-iron  plate  having  suitable  raised  letters  on 
the  same,  to  read  as  follows:  ^‘Notice;  Any  person  placing  any 
incumbrance  on  this  balcony  is  liable  to  a penalty  of  $10  and  im- 
prisonment for  10  days.^^ 

4.  Duty  of  firemen  and  policemen.  Any  fireman  and  policeman  who 
shall  discover  any  fire-escape,  balcony  or  ladder  of  any  fire-escape 
incumbered  in  any  way  shall  forthwith  report  the  same  to  the  com- 
manding officer  of  his  company  or  precinct,  who  shall  forthwith 
cause  the  occupant  of  the  premises  or  apartment  to  which  said  firc^ 


BUILDING  CODE 


G7 


escape,  balcony  or  ladder  is  attached,  or  for  whose  use  the  same  is 
provided,  to  be  notified,  either  verbally  or  in  writing,  to  remove  such 
incumbrance  and  keep  the  same  clear. 

5.  Punishment  for  violations.  If  said  notice  shall  not  be  complied 
with  by  the  removal  forthwith  of  such  incumbrance,  and  keeping  said 
fire-escape,  balcony  or  ladder  free  from  incumbrance,  then  the  said 
commanding  officers  shall  apply  to  the  nearest  police  magistrate  for  a 
warrant  for  the  arrest  of  the  occupant  of  the  said  premises  or  apart- 
ments of  which  the  fire-escape  forms  a part,  and  he  shall  be  brought 
before  the  said  magistrate,  as  for  a misdemeanor;  and,  on  conviction, 
the  said  occupant  shall  be  fined  not  more  than  $10  for  each  offense,  or 
may  be  imprisoned  not  to  exceed  10  days,  or  both,  in  the  discretion 
of  the  court. 

§ 153.  Exit  to  roof. — 1.  Interior  ladders.  All  buildings  requiring 
fire-escapes  shall  have  stationary  iron  ladders  leading  to  the  scuttle 
opening  in  the  roof  thereof.  If  a bulkhead  is  used  in  place  of  a 
scuttle  it  shall  have  stairs  with  sufficient  guard  or  hand-rail  leading 
to  the  roof. 

2.  To  he  always  available.  All  scuttles  and  ladders  shall  be  kept 
so  as  to  be  ready  for  use  at  all  times.  In  case  the  building  shall  be 
a tenement  house  the  door  in  the  bulkhead  or  any  scuttle  shall  at 
no  time  be  locked,  but  may  be  fastened  on  the  inside  by  movable 
bolts  or  hooks. 

§ 154.  Manhole  ladders  from  boiler-rooms. — Every  building  in 
which  boilers  or  machinery  are  placed  in  the  cellar  or  lowest  story 
shall  have  stationary  iron  ladders  or  stairs  from  such  story  leading 
direct  to  a manhole  above  on  the  sidewalk,  or  other  outside  exit. 


ARTICLE  9 

PROJECTIONS  BEYOND  BUILDING  LINE 

Sec.  170. 

ARTICLE  10 

SAFEGUARDS  DURING  CONSTRUCTION 

Sec.  190.  Sidewalk  sheds. 

§ 191.  Scaffolding. 

§ 192.  Inclosure  of  windows. 

§ 193.  Roofs  and  skylights  of  adjoining  buildings. 

§ 194.  Enforcement  of  article. 

§ 190.  Sidewalk  sheds. — Whenever  buildings  shall  be  erected  or 
increased  to  over  65  feet  in  height,  upon  or  along  any  street,  the 
owner,  builder  or  contractor  constructing  or  repairing  such  buildings 
shall  have  erected  and  maintained  during  such  construction  or  repair 
a shed  over  the  sidewalk  in  front  of  said  premises,  extending  from 
building  line  to  curb,  the  same  to  be  properly,  strongly  and  tightly 
constructed,  so  as  to  protect  pedestrians  and  others  using  such  streets. 
§ 191.  Scaffolding. — Whenever  outside  scaffolds  are  required  to 


(>8 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


carry  on  the  construction  of  buildings  over  85  feet  in  height,  whether 
the  same  be  constructed  by  poles  or  thrust-out  scaffold,  there  shall 
be  erected  on  its  outer  edge  and  ends  an  inclosure  of  wire  netting 
of  not  over  2-inch  mesh,  or  of  boards  not  less  than  % of  an  inch 
thick,  placed  not  over  13^  inches  apart,  well  secured  to  uprights 
not  less  than  2 inches  by  4 inches,  fastened  to  planks  or  timbers, 
and  resting  on  put  logs  or  thrust  outs.  The  said  inclosure  shall  be 
carried  up  at  least  5 feet  in  advance  above  the  level  on  which  the 
workmen  employed  on  said  front  are  working.  The  said  thrust 
outs  shall  be  not  less  than  3 by  10,  of  spruce  or  yellow  pine,  and 
to  be  doubled  or  tripled,  as  may  be  required  for  the  load  to  be  carried, 
and  to  be  thoroughly  braced  and  secured;  or  said  timbers  can  be 
in  one  stick,  if  proportioned  to  the  load.  The  flooring  on  thrust 
outs  and  put  logs  shall  be  tightly  constructed  with  plank.  This 
said  floor  and  inclosure  shall  not  be  removed  until  a like  floor  and 
inclosure  is  already  prepared  and  in  position  on  the  story  above. 

§ 192.  Inclosure  of  windows. — In  all  buildings  over  85  feet  in  height, 
during  construction  or  alteration,  the  windows  on  each  floor  above 
the  second  shall  be  properly  inclosed  as  soon  as  the  story  is  built. 

§ 193.  Roofs  and,  skylights  of  adjoining  buildings. — If  the  walls 
of  such  buildings  are  carried  upon  2 stories  or  more  above  the  roofs 
of  adjoining  buildings,  proper  means  shall  be  provided  and  used 
for  the  protection  of  skylights  and  roofs  of  such  adjoining  buildings. 
The  protection  over  skylights  shall  be  of  stout  wire  netting  not  over 
%-inch  mesh,  on  stout  timbers,  and  properly  secured.  Should  said 
adjoining  owner,  tenant  or  lessee  refuse  to  grant  permission  to  have 
said  roofs  and  skylights  so  protected,  such  refusal  by  said  owner, 
tenant  or  lessee  shall  relieve  the  owner  of  the  building  in  course  of 
construction  from  any  responsibility  for  damage  done  to  persons 
or  property  on  or  within  the  premises  affected. 

§ 194.  Enforcement  of  article. — All  sheds  and  inclosures  required 
by  the  provisions  of  this  article  shall  be  subject  to  the  inspection 
of  the  bureau  of  buildings.  In  case  any  necessary  inclosure  or  pro- 
tection shall  not  be  erected,  as  prescribed  by  this  section,  the  super- 
intendent of  buildings  shall  cause  a notice  to  be  served  personally 
upon  the  owner,  or  his  authorized  agent,  constructing  or  repairing 
such  buildings,  or  the  owner,  tenant  or  lessee  of  adjoining  premises, 
requiring  the  provision  of  such  inclosure  or  protection,  specifying 
the  manner  in  which  same  shall  be  erected.  If  such  in  closure  or 
protection  is  not  erected,  strengthened  or  modified  as  provided  in 
such  notice,  within  3 days  after  the  service  thereof,  the  said  super- 
intendent shall  have  full  power  and  authority  to  cause  the  same  to 
be  so  erected  and  the  skylights  to  be  protected  as  herein  provided. 
All  expenses  connected  with  same  may  become  a lien  on  the  prop- 
erty in  interest  so  inclosed  and  protected,  which  lien  may  be  created 
and  enforced  in  the  same  manner  as  now  provided  for  in  § 652  of 
this  chapter. 

ARTICLE  11 

PARTITION  FENCES  AND  WALLS 

Sec.  210.  Construction  and  maintenance  of  fences. 

§ 211.  Retaining  walls. 


F3UILDING  CODE 


69 


§ 212.  Regulation  of  lots. 

§ 213.  Neglect  to  maintain. 

§ 214.  Disputes. 

§ 215.  Enforcement. 

§ 210.  Construction  and  maintenance  of  fences. — All  partition 
fences,  unless  erected  under  some  special  agreement,  shall  be  so 
built  that  the  dividing  line  between  the  properties  shall  run  through 
the  centre  of  such  fence  in  each  case,  and  they  shall  be  built  and 
maintained  at  the  joint  expense  of  the  owners  of  the  land  on  each 
side. 

§ 211.  Retaining  walls. — 1.  To  conform  to  street  regulation.  When 
the  regulation  of  a lot,  in  conformity  with  the  street  or  streets  on 
which  it  is  situated,  shall  require  the  ground  on  such  lot  to  be  raised 
and  kept  higher  than  the  ground  of  the  adjoining  lot  or  lots  (pro- 
vided the  ground  of  such  adjoining  lot  or  lots  is  not  maintained 
at  a grade  lower  than  in  conformity  with  the  street  or  streets  on 
which  they  are  situated)  and  a retaining  wall  for  supporting  the 
same  shall  be  necessary,  such  retaining  wall  shall  be  made  and 
maintained  jointly  by  the  owners  of  the  land  on  each  side  and  shall 
stand  one-half  upon  the  land  of  each  owner;  but,  if  the  owner  of  the 
lot  or  lots  having  the  lower  grade  shall  bear  and  discharge  the  entire 
cost  and  expense  of  the  making,  such  retaining  wall  shall  be  built 
entirely  upon  the  lot  having  the  higher  grade  and  shall  thereafter 
be  maintained  jointly  by  the  owners  of  the  land  on  both  sides  thereof. 

2.  To  support  adjoining  earth. — Where  an  excavation  has  been 
made  or  a fill  placed  on  any  lot,  but,  as  the  case  may  be,  not  below 
or  above  the  legal  grade  in  conformity  with  the  street  on  which 
that  lot  fronts,  and  the  land  adjoining  it  has  no  building  or  permanent 
structure  thereon,  other  than  frame  sheds  or  structures  of  like  char- 
acter, and  where  a retaining  wall  shall  be  necessary  to  support  the 
adjoining  earth,  such . retaining  wall  shall  stand  one-half  upon  the 
lot  of  each  owner  and  shall  be  made  and  maintained  jointly  by  the 
owners  of  the  land  on  each  side;  provided,  that,  if  the  owner  of  the 
lot  having  the  lower  grade  shall  bear  and  discharge  the  entire  cost 
and  expense  of  the  making,  such  retaining  wall  shall  be  built  en- 
tirely upon  the  lot  having  the  higher  grade  and  shall  thereafter  be 
maintained  jointly  by  the  owners  of  the  land  on  both  sides  thereof. 

3.  Surplus  wall.  Where  any  owner  shall  insist  on  maintaining 
his  ground  either  higher  or  lower  than  the  legal  regulation  as  herein- 
after provided,  except  in  a case  herein  otherwise  specifically  pro- 
vided for,  the  surplus  retaining  wall,  which  may  be  necessary  to 
support  such  height  or  provide  for  such  excavation,  shall  be  made 
and  maintained  at  the  sole  expense  of  such  owner. 

4.  Construction.  All  retaining  walls,  required  under  this  section 
shall  be  constructed  in  accordance  with  the  provisions  of  this  chapter. 

5.  Removal.  Any  retaining  wall  erected  or  provided  under  this 
section,  standing  partly  on  the  land  of  each  owner,  may  be  removed 
by  either  owner  when  the  necessity  for  such  retaining  wall  no  longer 
exists. 

§ 212.  Regulation  of  lots. — The  regulation  of  lots,  in  conformity 
with  the  street  or  streets  on  which  they  are  situated,  shall  be  cal- 
culated at  an  ascent  of  2 inches  in  every  10  feet,  measured  from  the 


70 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


curb  in  a direction  at  right  angles  or  normal  thereto;  provided  that, 
in  the  case  of  a lot  having  more  than  one  street  frontage,  when  so 
situated  that  the  street  frontages  intersect,  the  curb  along  the 
longest  street  frontage  shall  be  used,  and,  when  so  situated  that  the 
street  frontages  do  not  intersect,  the  curb  along  each  frontage  shall 
be  used  to  one-half  the  depth  of  the  lot  between  street  frontages. 
A lot,  as  referred  to  in  this  section,  shall  be  deemed  and  construed  to 
mean  a parcel  of  land  not  over  25  feet  by  100  feet,  in  one  ownership, 
whether  adjacent  land  be  in  the  same  ownership  or  not;  but,  for  the 
purpose  hereof,  no  land  in  the  same  ownership  may  be  divided  into 
lots  smaller  than  25  feet  by  100  feet. 

§ 213.  Neglect  to  maintain. — If  any  person,  whose  duty  it  may  be 
to  jointly  make  or  repair  any  partition  fence  or  retaining  wall  or  any 
part  thereof,  in  pursuance  of  the  provisions  of  this  article,  shall  neg- 
lect so  to  do,  or  to  join  in  so  doing,  for  6 days,  after  being  requested, 
in  writing,  by  the  owner  or  owners  of  the  adjoining  ground,  the 
owner  of  such  adjoining  ground  may  make  or  repair  such  partition 
fence  or  retaining  wall,  or  cause  the  same  to  be  done,  and  may 
recover  from  such  person  such  share  of  the  expense  of  making  or 
repairing  so  much  thereof  as  is  necessarily  made  or  repaired  by  him, 
with  costs,  in  any  court  having  jurisdiction. 

§ 214.  Disputes. — In  case  of  any  dispute  between  parties,  as  to 
what  part  or  portion  of  the  expense  shall  be  borne  and  discharged  by 
either  of  them,  for  building  or  maintaining  any  partition  fence  or 
wall,  and  in  all  cases  of  dispute  concerning  the  sufficiency  of  any 
fence  or  wall,  the  controversy  shall  be  determined  by  the  superin- 
tendent of  buildings  of  the  borough  in  which  the  fence  or  wall  may 
be  situated. 

§ 215.  Enforcement. — The  superintendent  of  buildings  in  each 
borough  may,  in  order  to  effect  the  purposes  of  this  article,  notify  in 
writing  any  owner  of  any  requirement  under  any  provision  thereof. 
Any  person  who  shall  fail  to  proceed,  within  10  days,  in  accordance 
with  such  notice,  or  to  comply  therewith,  within  such  reasonable 
time  thereafter  as  shall  be  allowed  or  permitted  by  the  superintend- 
ent of  buildings,  shall  be  liable  to  a penalty  of  not  less  than  $10,  nor 
more  than  $50,  and,  in  addition,  he  shall  be  liable  to  a further  penalty 
of  $1  for  each  and  every  day  that  his  default  shall  continue,  after 
due  notice  thereof. 


ARTICLE  12 


EXCAVATIONS  AND  FOUNDATIONS 


Sec.  230.  Excavations. 

§ 231.  Soil,  bearing  capacity. 

§ 232.  Foundations,  generally. 
§ 233.  Pile  foundations. 

§ 234.  Foundation  walls. 

§ 235.  Isolated  piers. 

§ 236.  Grillage  beams. 

§ 237.  Pressure  under  footings. 


BUILDING  CODE 


71 


Sec.  230.  Excavations. — 1.  Safeguarding  generally.  All  excava- 
tions for  buildings  shall  be  properly  guarded  and  protected  so  as  to 

Crevent  the  same  from  becoming  dangerous  to  hfe  or  limb  and  shall 
e sheath-piled  where  necessary  to  prevent  the  adjoining  earth  from 
caving  in,  by  the  person  or  persons  causing  the  excavations  to  be 
made. 

2.  Retaining  wall.  When  an  excavation  is  made  on  any  lot,  the 
person  making  the  same  or  causing  it  to  be  made  shall  build,  at  his  or 
their  own  cost  and  expense,  a retaining  wall  to  support  the  adjoining 
earth;  and  such  retaining  wall  shall  be  carried  to  the  height  of  the 
adjoining  earth,  and  be  properly  protected  by  coping.  The  thickness 
of  a retaining  wall  at  its  base  shall  be  in  no  case  less  than  one-fourth 
of  its  height. 

3.  Support  of  adjoining  walls.  Whenever  an  excavation  of  either 
earth  or  rock  for  building  or  other  purposes  shall  be  intended  to  be, 
or  shall  be  carried  to  the  depth  of  more  than  10  feet  below  the  curb, 
the  person  or  persons  causing  such  excavation  to  be  made  shall  at  all 
times,  from  the  commencement  until  the  completion  thereof,  if 
afforded  the  necessary  license  to  enter  upon  the  adjoining  land,  and 
not  otherwise,  at  his  or  their  own  expense,  preserve  any  adjoining  or 
contiguous  wall  or  walls,  structure  or  structures  from  injury,  and 
support  the  same  by  proper  foundations,  so  that  the  said  wall  or 
walls,  structure  or  structures  shall  be  and  remain  practically  as  safe 
as  before  such  excavation  was  commenced,  whether  the  said  adjoin- 
ing or  contiguous  wall  or  walls,  structure  or  structures  are  down  more 
or  less  than  10  feet  below  the  curb.  If  the  necessary  license  is  not 
accorded  to  the  person  or  persons  making  such  excavation,  then  it 
shall  be  the  duty  of  the  owner  refusing  to  grant  such  license  to  make 
the  adjoining  or  contiguous  wall  or  walls,  structure  or  structures 
safe,  and  support  the  same  by  proper  foundations  so  that  adjoining 
excavations  may  be  made  and  shall  be  permitted  to  enter  upon  the 
premises  where  such  excavations  may  be  made  for  that  purpose,  when 
necessary.  If  such  excavation  shall  not  be  intended  to  be,  or  shall 
not  be,  carried  to  a depth  of  more  than  10  feet  below  the  curb,  the 
owner  or  owners  of  such  adjoining  or  contiguous  wall  or  walls,  struc- 
ture or  structures  shall  preserve  the  same  from  injury,  and  so  support 
the  same  by  proper  foundations  that  it  or  they  shall  be  and  remain 
practically  as  safe  as  before  such  excavation  was  commenced,  and 
shall  be  permitted  to  enter  upon  the  premises  where  such  excavation 
is  being  made  for  that  purpose  when  necessary. 

Where  a party  is  excavating  next  to  a building  it  is  incumbent  upon  him  to  re- 
quest permission  to  enter  upon  the  adjoining  property  to  support  the  adjoining 
wall,  and  the  adjoining  owner  will  not  lose  the  benefit  of  the  statute  because  he  did 
not  tender  such  license.  Dorrity  v.  Rapp,  72  N.  Y.  307.  And  the  builder  must 
protect  the  adjoining  building  not  only  during  such  excavating,  but  have  the  ad- 
joining wall  as  stable  after  as  before  excavating.  Bernheimer  v.  Kilpatrick,  53 
Hun,  316;  6 N.  Y.  Supp.  858.  But  to  impose  such  obligation  on  the  builder  the 
adjoining  owner  must  grant  a proper  license.  Sherwood  v.  Seaman,  2 Bosw.  127. 
And  where  such  license  has  been  given  the  builder  will  have  a reasonable  time  to 
finish  the  wall,  although  the  license  may  be  revoked  by  the  adjoining  owner. 
Ketchum  v.  Newmann,  116  N.  Y.  422.  But  the  provision  requiring  an  owner  ex- 
cavating below  ten  feet  to  protect  his  neighbor’s  wall  does  not  apply  to  one  excavat- 
ing in  a street  under  a contract  with  the  municipal  authorities.  Jencks  v.  Kenny, 
19  N.  Y.  Supp.  243;  28  Abb.  N.  C.  154. 

See  also  Cohen  v.  Simmons,  21  N.  Y.  Supp.  385,  app.  142  N.  Y.  671;  McKenzie 
V.  Hatton,  141  N.  Y.  8;  Blanchard  v.  Savarese,  97  App.  Div.  58;  New  York  Steam 
Co.  V.  Foundation  Co.,  123  App.  Div.  254;  Foster  v.  Zampieri,  140  App.  Div.  471. 


72 


CODE  OP  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 


Where  an  excavation  is  only  carried  9 ft.  the  defendant  must  still  pay  for  cost 
of  protecting  adjoining  building  as  the  intention  was  to  go  10  ft.  or  more.  Wear  v. 
Koehler,  App.  Term  Sup.  Ct.  N.  Y.  Law  Journal,  Dec.  29,  1914. 

4.  Support  of  party  wall.  In  case  an  adjoining  party  wall  is  in- 
tended to  be  used  by  the  person  or  persons  causing  the  excavation  to 
be  made  and  such  party  wall  is  in  good  condition  and  sufficient  for  the 
uses  of  the  adjoining  building,  then  and  in  such  case  the  person  or 
persons  causing  the  excavations  to  be  made  shall,  at  his  or  their 
own  expense,  preserve  such  party  wall  from  injury  and  support  the 
same  by  proper  foundations,  so  that  said  party  wall  shall  be  and 
remain  practically  as  safe  as  before  the  excavation  was  commenced. 

5.  Superintendent  of  buildings  may  act.  If  the  person  whose  duty 
it  shall  be  to  preserve  or  protect  any  wall  or  walls,  structure  or 
structures  from  injury  shall  neglect  or  fail  so  to  do  after  having  had  a 
notice  of  24  hours  from  the  superintendent  of  buildings,  such  superin- 
tendent may  enter  upon  the  premises  and  employ  such  labor,  and 
furnish  such  materials  and  take  such  steps  as,  in  his  judgment,  may 
be  necessary  to  make  the  same  safe  and  secure,  or  to  prevent  the 
same  from  becoming  unsafe  or  dangerous,  at  the  expense  of  the 
person  or  persons  whose  duty  it  is  to  keep  the  same  safe  and  secure. 
Any  party  doing  the  said  work,  or  any  part  thereof,  under  and  by 
direction  of  a superintendent  of  buildings,  may  bring  and  maintain 
an  action  against  the  person  or  persons  last  herein  referred  to,  to 
recover  the  value  of  the  work  done  and  materials  furnished,  in  and 
about  the  said  premises,  in  the  same  manner  as  if  he  had  been  em- 
ployed to  do  the  said  work  by  the  said  person  or  persons. 

§231.  Soilj  hearing  capacity. — 1.  Indicative  statement  required. 
Plans  filed  in  a bureau  of  buildings  shall  be  accompanied  by  a state- 
ment of  the  character  of  the  soil  at  the  level  of  the  footings. 

2.  Presumptive  capacities.  Where  no  test  of  the  sustaining  power 
of  the  soil  is  made,  different  soils,  excluding  mud,  at  the  bottom  of 
the  footings,  shall  be  deemed  to  safely  sustain  the  following  loads 
to  the  superficial  foot,  namely:  Soft  clay,  1 ton  per  square  foot; 
ordinary  clay  and  sand  together,  in  layers,  wet  and  springy,  2 tons 
per  square  foot;  loam,  clay  or  fine  sand,  firm  and  dry,  3 tons  per 
square  foot;  very  firm,  coarse  sand,  stiff  gravel  or  hard  clay,  4 tons 
per  square  foot,  or  as  otherwise  determined  by  the  superintendent 
of  buildings. 

3.  Tests  may  he  required.  Where  a test  is  made  of  the  sustaining 
power  of  the  soil  the  superintendent  of  buildings  shall  be  notified, 
so  that  he  may  be  present  in  person  or  by  representative.  The 
record  of  the  test  shall  be  filed  in  the  bureau  of  buildings.  When  a 
doubt  arises  as  to  the  safe  sustaining  power  of  the  earth  upon  which 
a building  is  to  be  erected  the  superintendent  of  buildings  may  order 
borings  to  be  made,  or  direct  the  sustaining  power  of  the  soil  to  be 
tested  by  and  at  the  expense  of  the  owner  of  the  proposed  building. 

§ 232.  Foundations f generally. — 1.  Constructing.  Every  building, 
except  building  erected  upon  solid  rock  or  buildings  erected  upon 
wharves  and  piers  on  the  water  front,  shall  have  foundations  of 
brick,  stone,  iron,  steel  or  concrete  laid  not  less  than  four  feet  below 
the  surface  of  the  earth,  on  the  solid  ground  or  level  surface  of  rock, 
or  upon  piles  or  ranging  timbers  when  solid  earth  or  rock  is  not 
found. 


BUILDING  CODE 


73 


2.  Restrictions  as  to  loads.  When  foundations  are  carried  down 
through  earth  by  piers  of  stone,  brick  or  concrete  in  caissons,  the 
loads  on  same  shall  be  not  more  than  15  tons  to  the  square  foot 
when  carried  down  to  rock;  10  tons  to  the  square  foot  when  carried 
down  to  firm  gravel  or  hard  clay;  8 tons  to  the  square  foot  in  open 
caissons  or  sheet  pile  trenches  when  carried  down  to  rock. 

3.  Protection  of  metal  work.  Where  metal  is  incorporated  in  or 
forms  part  of  a foundation,  it  shall  be  thoroughly  protected  from 
rust  by  paint,  asphaltum,  concrete,  or  by  such  materials  and  in  such 
manner  as  may  be  approved  by  the  superintendent  of  buildings. 
When  footings  of  iron  or  steel  for  columns  are  placed  below  the 
water  level,  they  shall  be  similarly  coated,  or  inclosed  in  concrete, 
for  preservation  against  rust. 

§ 233.  Pile  foundations.  1.  General  requirements. — Piles  intended 
to  sustain  a wall,  pier  or  post  shall  be  spaced  not  more  than  thirty- 
six  or  less  than  twenty  inches  on  centers,  and  they  shall  be  driven 
to  a solid  bearing,  if  practicable  to  do  so,  and  the  number  of  such 
piles  shall  be  sufficient  to  support  the  superstructure  proposed. 
No  pile  shall  be  used  of  less  dimensions  than  5 inches  at  the  small 
end  and  ten  inches  at  the  butt  for  short  piles,  or  piles  20  feet  or  less 
in  length,  and  12  inches  at  the  butt  for  long  piles,  or  piles  more  than 
20  feet  in  length.  No  pile  shall  be  weighted  with  a load  exceeding 
40,000  pounds.  When  a pile  is  not  driven  to  refusal,  its  safe  sus- 
taining power  shall  be  determined  by  the  following  formula:  Twice 
the  weight  of  the  hammer  in  tons  multiplied  by  the  height  of  the  fall 
in  feet  divided  by  least  penetration  of  pile  under  the  last  blow  in 
inches  plus  one.  The  superintendent  of  buildings  shall  be  notified 
of  the  time  when  such  test  piles  will  be  driven,  that  he  may  be  present 
in  person  or  by  representative.  The  tops  of  all  piles  shall  be  cut 
off  below  the  lowest  water  line.  When  required,  concrete  shall  be 
rammed  down  in  the  interspaces  between  the  heads  of  the  piles 
to  a depth  and  thickness  of  not  less  than  12  inches  and  for  1 foot 
in  width  outside  of  the  piles.  When  ranging  and  capping  timbers 
are  laid  on  piles  for  foundations,  they  shall  be  of  hard  wood  not  less 
than  6 inches  thick  and  properly  joined  together,  and  their  tops 
laid  below  the  lowest  water  line. 

2.  Meadow  land  constructions.  Wood  piles  may  be  used  for  the 
foundations  under  frame  buildings  built  over  the  water  or  on  salt 
meadow  land,  in  which  case  the  piles  may  project  above  the  water 
a sufficient  height  to  raise  the  building  above  high  tide,  and  the 
building  may  be  placed  directly  thereon  without  other  founda- 
tions. 

§ 234.  Foundation  walls. — 1.  Material  and  thickness.  Foundation 
walls  shall  be  built  of  stone,  brick,  Portland  cement  concrete,  iron 
or  steel.  If  built  of  rubble  stone,  or  Portland  cement  concrete, 
they  shall  be  at  least  8 inches  thicker  than  the  wall  next  above  them 
to  a depth  of  12  feet  below  the  curb  level;  and  for  every  additional 
10  feet,  or  part  thereof,  deeper,  they  shall  be  increased  4 inches  in 
thickness.  If  built  of  brick,  they  shall  be  increased  4 inches  thicker 
than  the  wall  next  above  them  to  a depth  of  12  feet  below  the  curb 
level;  and  for  every  additional  10  feet,  or  part  thereof,  deeper,  they 
shall  be  increased  4 inches  in  thickness. 

2.  Fooling  or  base  courses.  The  footing  or  base  course  shall  be 


74 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


of  stone  or  concrete,  or  both,  or  of  concrete  and  stepped-up  brick- 
work, of  sufficient  thickness  and  area  to  safely  bear  the  weight  to 
be  imposed  thereon.  If  the  footing  or  base  course  be  of  concrete, 
the  concrete  shall  not  be  less  than  12  inches  thick.  If  of  stone,  the 
stones  shall  not  be  less  than  2 by  3 feet,  and  at  least  8 inches  in  thick- 
ness for  walls;  and  not  less  than  10  inches  in  thickness  if  under  piers, 
columns  or  posts;  the  footing  or  base  course,  whether  formed  of 
concrete  or  stone,  shall  be  at  least  12  inches  wider  than  the  bottom 
width  of  walls  and  at  least  12  inches  wider  on  all  sides  than  the 
bottom  width  of  said  piers,  columns  or  posts.  If  the  superimposed 
load  is  such  as  to  cause  undue  transverse  strain  on  a footing  pro- 
jecting 12  inches,  the  thickness  of  such  footing  is  to  be  increased 
so  as  to  carry  the  load  with  safety.  For  small  structures  and  for 
small  piers  sustaining  light  loads,  the  superintendent  of  buildings 
may,  in  his  discretion,  allow  a reduction  in  the  thickness  and  projec- 
tion for  footing  or  base  courses  herein  specified.  All  base  stones 
shall  be  well  bedded  and  laid  crosswise,  edge  to  edge.  If  stepped-up 
footing  of  brick  are  used  in  place  of  stone,  above  the  concrete,  the 
offsets,  if  laid  in  single  courses,  shall  each  not  exceed  1}^  inches, 
or  if  laid  in  double  courses,  then  each  shall  not  exceed  3 inches, 
offsetting  the  first  course  of  brickwork,  back  one-half  the  thickness  of 
the  concrete  base,  so  as  to  properly  distribute  the  load  to  be  imposed 
thereon. 

§ 235.  Isolated  'piers. — If,  in  place  of  continuous  foundation  wall, 
isolated  piers  are  to  be  built  to  support  the  superstructure,  where  the 
nature  of  the  ground  and  the  character  of  the  building  make  it  nec- 
essary, in  the  opinion  of  the  superintendent  of  buildings,  inverted 
arches  resting  on  a proper  bed  of  concrete,  both  designed  to  transmit 
with  safety  the  superimposed  loads,  shall  be  turned  between  the 
piers.  The  thrust  of  the  outer  piers  shall  be  taken  up  by  suitable 
wrought  iron  or  steel  rods  and  plates. 

§ 236.  Grillage  beams. — Grillage  beams  of  wrought  iron  or  steel 
resting  on  a proper  concrete  bed  may  be  used.  Such  beams  must  be 
provided  with  separators  and  bolts  inclosed  and  filled  solid  between 
with  concrete,  and  of  such  sizes  and  so  arranged  as  to  transmit  with 
safety  the  superimposed  loads. 

§ 237.  Pressure  under  footings. — The  loads  exerting  pressure  under 
the  footings  of  foundations  in  buildings  more  than  3 stories  in  height 
are  to  be  computed  as  follows: 

a.  For  warehouses  and  factories  they  are  to  be  the  full  dead  load 
and  the  full  live  load  established  by  § 54  of  this  chapter. 

b.  In  stores  and  buildings  for  light  manufacturing  purposes  they 
are  to  be  the  full  dead  load  and  75  per  cent  of  the  live  load  established 
by  § 54  of  this  chapter. 

c.  In  churches,  school  houses  and  places  of  public  amusement  or 
assembly,  they  are  to  be  the  full  dead  load  and  75  per  cent  of  the 
live  load  established  by  § 54  of  this  chapter. 

d.  In  office  buildings,  hotels,  dwellings,  apartment  houses,  ten- 
ement houses,  lodging  houses  and  stables,  they  are  to  be  the  full  dead 
load  and  60  per  cent  of  the  live  load  established  by  § 54. 

Footings  shall  be  so  designed  that  the  loads  will  be  as  nearly  uni- 
form as  possible  and  not  in  excess  of  the  safe  bearing  capacity  of 
the  soil,  as  established  by  § 231  of  this  chapter. 


BUILDING  CODE 


75 


ARTICLE  13 

MASONRY  WALLS 

Sec.  250.  Construction,  generally. 

§ 251.  Walls  for  dwelling  houses. 

§ 252.  Walls  for  warehouses. 

§ 253.  One-story  brick  buildings. 

§ 254.  Bearing  walls. 

§ 255.  Curtain  walls. 

§ 256.  Inclosure  walls;  skeleton  structures. 

§ 257.  Party-walls. 

§ 258.  Parapet  walls. 

§ 259.  Ashlar  work. 

§ 260.  Interior  walls. 

§ 261.  Partition  walls. 

§ 262.  Tieing,  anchoring  or  bracing. 

§ 263.  Hollow  walls. 

§ 264.  Lining  walls. 

§ 265.  Furring. 

§ 266.  Recesses  and  chases  in  walls. 

§ 267.  Timber  in  walls. 

§ 268.  Arches  and  lintels. 

Sec.  250.  Construction^  generally. — 1.  Materials.  The  walls  of  all 
buildings,  other  than  frame  or  wood  buildings,  shall  be  constructed 
of  stone,  brick,  Portland  cement  concrete,  iron,  steel  or  other  hard, 
incombustible  material  and  the  several  component  parts  of  such 
buildings  shall  be  as  herein  provided. 

2.  Inclosure  of  buildings.  All  buildings  shall  be  inclosed  on  all 
sides  with  independent  or  party  walls. 

(B.  C.,  sec.  27,  rev.  from  L.  1882,  ch.  410,  § 42,  as  amend.) 

Where  many  buildings  have  one  roof  they  must  have  fire  walls  for  separate  build- 
ings. Landgon  v.  Fire  Dept.  17  Wend.  234. 

3.  Bond  of  brick  walls.  In  all  brick  walls  every  sixth  course  shall 
be  a heading  course,  except  where  walls  are  faced  with  brick  in  run- 
ning bond,  in  which  latter  case  every  sixth  course  shall  be  bonded 
into  the  backing  by  cutting  the  course  of  the  face  brick  and  putting 
in  diagonal  headers  behind  the  same,  or  by  splitting  the  face  brick  in 
half  and  backing  the  same  with  a continuous  row  of  headers.  W here 
face  brick  is  used  of  a different  thickness  from  the  brick  used  for 
backing,  the  courses  of  the  exterior  and  interior  brickwork  shall  be 
brought  to  a level  bed  at  intervals  of  not  more  than  10  courses  in 
height  of  the  face  brick,  and  the  face  brick  shall  be  properly  tied  to 
the  backing  by  a heading  course  of  the  face  brick. 

4.  Bond  of  stone  walls.  All  stone  walls  24  inches  or  less  in  thickness 
shall  have  at  least  one  header  extending  through  the  wall  in  every  3 
feet  in  height  from  the  bottom  of  the  wall,  and  in  every  3 feet  in 
length,  and  if  over  24  inches  in  thickness,  shall  have  one  header  for 
every  6 superficial  feet  on  both  sides  of  the  wall,  laid  on  top  of  each 
other  to  bond  together,  and  running  into  the  wall  at  least  2 feet. 
All  headers  shall  be  at  least  12  inches  in  width  and  8 inches  in  thick- 
ness, and  consist  of  good  flat  stones.  No  stone  shall  be  laid  in  such 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


walls  in  any  other  position  than  on  its  natural  bed.  No  stone  shall 
be  used  that  does  not  bond  or  extend  into  the  wall  at  least  6 inches. 
Stones  shall  be  firmly  bedded  in  cement  mortar  and  all  spaces  and 
joints  thoroughly  filled. 

5.  Walls  and  piers.  The  walls  and  piers  of  all  buildings  shall  be 
properly  and  solidly  bonded  together  with  close  joints  filled  with 
mortar.  They  shall  be  built  to  a line  and  be  carried  up  plumb  and 
straight.  The  walls  of  each  story  shall  be  built  up  the  full  thickness 
to  the  top  of  the  beams  above.  In  all  walls  of  the  thickness  specified 
in  this  chapter,  the  same  amount  of  materials  may  be  used  in  piers 
and  buttresses. 

6.  Piers.  All  piers  shall  be  built  of  stone  or  good,  hard,  well-burnt 
brick  laid  in  cement  mortar.  Every  pier  built  of  brick,  containing 
less  than  9 superficial  feet  at  the  base,  supporting  any  beam,  girder, 
arch  or  column  on  which  a wall  rests,  or  lintel  spanning  an  opening 
over  10  feet  and  supporting  a wall,  shall  at  intervals  of  not  over  30 
inches  apart  in  height  have  built  into  it  a bond  stone  not  less  than  4 
inches  thick,  or  a cast-iron  plate  of  sufficient  strength,  and  the  full 
size  of  the  piers.  For  piers  fronting  on  a street  the  bond  stones  may 
conform  with  the  kind  of  stone  used  for  the  trimmings  of  the  front. 
Cap  stones  of  cut  granite  or  blue  stone,  proportioned  to  the  weight 
to  be  carried,  but  not  less  than  5 inches  in  thickness,  by  the  full  size 
of  the  pier,  or  cast  iron  plates  of  equal  strength  by  the  full  size  of  the 
pier,  shall  be  set  under  all  columns  or  girders,  except  where  a 4-inch 
bond  stone  is  placed  immediately  below  said  cap  stone,  in  which  case 
the  cap  stone  may  be  reduced  in  horizontal  dimensions  at  the  discre- 
tion of  the  superintendent  of  buildings.  Isolated  brick  piers  shall  not 
exceed  in  height  10  times  their  least  dimensions.  Stone  posts  for 
the  support  of  posts  or  columns  above  shall  not  be  used  in  the  inte- 
rior of  any  building. 

7.  Coursed  stone  construction.  Where  walls  or  piers  are  built  of 
coursed  stones,  with  dressed  level  beds  and  vertical  joints,  the  super- 
intendent of  buildings  shall  have  the  right  to  allow  such  walls  or 
piers  to  be  built  of  a less  thickness  than  specified  for  brickwork,  but 
in  no  case  shall  said  walls  or  piers  be  less  than  three-quarters  of  the 
thickness  provided  for  the  brickwork. 

8.  Mortar.  All  foundation  walls,  isolated  piers,  parapet  walls  and 
chimneys  above  roofs  shall  be  laid  in  cement  mortar,  but  this  shall 
not  prohibit  the  use,  in  cold  weather,  of  a small  proportion  of  lime 
to  prevent  the  mortar  from  freezing.  All  other  walls  built  of  brick 
or  stone  shall  be  laid  in  lime,  cement,  or  lime  and  cement  mortar 
mixed.  The  backing  up  of  all  stone  ashlar  shall  be  laid  up  with 
cement  mortar,  or  cement  and  lime  mortar  mixed,  but  the  back  of 
the  ashlar  may  be  parged  with  lime  mortar  to  prevent  discoloration 
of  the  stone. 

9.  Weather  conditions.  Walls  or  piers,  or  parts  of  walls  and  piers, 
shall  not  be  built  in  freezing  weather,  and  if  frozen,  shall  not  be 
built  upon. 

10.  Wetting  brick.  All  brick  laid  in  non-freezing  weather  shall 
be  well  wet  before  being  laid. 

§251.  Walls  for  dwelling  houses. — 1.  Definition.  The  expression 
“walls  for  dwelling  houses “ shall  be  taken  to  mean  and  include  in 
this  class  walls  for  the  following  buildings:  Dwellings,  asylums. 


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apartment  houses,  convents,  club  houses,  dormitories,  hospitals, 
hotels,  lodging  houses,  tenements,  parish  buildings,  schools,  labora- 
tories, studios. 

2.  Thickness,  a.  The  walls  above  the  basement  of  dwelling  houses 
not  over  3 stories  and  basement  in  height,  nor  more  than  40  feet 
in  height,  and  not  over  20  feet  in  width,  and  not  over  55  feet  in  depth, 
shall  have  side  and  party  walls  not  less  than  8 inches  thick,  and 
front  and  rear  walls  not  less  than  12  inches  thick. 

b.  All  walls  of  dwellings  exceeding  20  feet  in  width  and  not  ex- 
ceeding 40  feet  in  height,  shall  be  not  less  than  12  inches  thick. 

c.  All  walls  of  dwellings  26  feet  in  width  between  bearing  walls 
which  are  hereafter  erected  or  which  may  be  altered  to  be  used  for 
dwellings  and  being  over  40  feet  in  height  and  not  over  50  feet  in 
height,  shall  be  not  less  than  12  inches  thick  above  the  foundation 
wall.  No  wall  shall  be  built  having  a 12-inch  thick  portion  measur- 
ing vertically  more  than  50  feet. 

d.  If  over  50  feet  in  height  and  not  over  60  feet  in  height  the  wall 
shall  be  not  less  than  16  inches  thick  in  the  story  next  above  the 
foundation  walls  and  from  thence  not  less  than  12  inches  to  the  top. 

e.  If  over  60  feet  in  height,  and  not  over  75  feet  in  height,  the 
walls  shall  be  not  less  than  16  inches  thick  above  the  foundation 
walls  to  the  height  of  25  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  and  from  thence  not  less  than  12  inches  thick  to  the  top. 

f.  If  over  75  feet  in  height,  and  not  over  100  feet  in  height,  the 
walls  shall  be  not  less  than  20  inches  thick  above  the  foundation 
walls  to  the  height  of  40  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  thence  not  less  than  16  inches  thick  to  the  height  of  75  feet, 
or  to  the  nearest  tier  of  beams  to  that  height,  and  thence  not  less 
than  12  inches  thick  to  the  top. 

g.  If  over  100  feet  in  height  and  not  over  125  feet  in  height  the 
walls  shall  be  not  less  than  24  inches  thick  above  the  foundation 
walls  to  the  height  of  40  feet  or  to  the  nearest  tier  of  beams  to  that 
height,  thence  not  less  than  20  inches  thick  to  the  height  of  75  feet, 
or  to  the  nearest  tier  of  beams  to  that  height,  thence  not  less  than 
16  inches  thick  to  the  height  of  110  feet,  or  to  the  nearest  tier  of 
beams  to  that  height,  and  thence  not  less  than  12  inches  thick  to 
the  top. 

h.  If  over  125  feet  in  height  and  not  over  150  feet  in  height,  the 
walls  shall  be  not  less  than  28  inches  thick  above  the  foundation 
walls  to  the  height  of  30  feet,  or  to  the  nearest  tier  of  beams  to  that 
height;  thence  not  less  than  24  inches  thick  to  the  height  of  65  feet, 
or  to  the  nearest  tier  of  beams  to  that  height;  thence  not  less  than 
20  inches  thick  to  the  height  of  100  feet,  or  to  the  nearest  tier  of 
beams  to  that  height;  thence  not  less  than  16  inches  thick  to  the 
height  of  135  feet,  or  to  the  nearest  tier  of  beams  to  that  height, 
and  thence  not  less  than  12  inches  thick  to  the  top. 

i.  If  over  150  feet  in  height,  each  additional  30  feet  in  height  or 
part  thereof,  next  the  foundation  walls,  shall  be  increased  4 inches 
in  thickness,  the  upper  150  feet  of  wall  remaining  the  same  as  speci- 
fied for  a wall  of  that  height. 

3.  Fore-and-aft  partitions.  All  non-fireproof  dwelling  houses 
erected  under  this  section,  exceeding  26  feet  in  width,  shall  have  brick 
fore-and-aft  partition  walls.  Eight-inch  brick  partition  walls  may 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


be  built  to  support  the  beams  in  such  buildings  in  which  the  dis- 
tance between  the  main  or  bearing  walls  is  not  over  33  feet;  if  the 
distance  between  the  main  or  bearing  walls  is  over  33  feet  the  brick 
partition  wall  shall  not  be  less  than  12  inches  thick;  provided,  that 
no  clear  span  is  over  26  feet.  This  section  shall  not  be  construed 
to  prevent  the  use  of  iron  or  steel  girders,  or  iron  or  steel  girders  and 
columns,  or  piers  of  masonry,  for  the  support  of  the  walls  and  ceil- 
ings over  any  room  which  has  a clear  span  of  more  than  26  feet 
between  walls,  in  such  dwellings  as  are  not  constructed  fireproof, 
nor  to  prohibit  the  use  of  iron  or  steel  girders,  or  iron  or  steel  girders 
and  columns  in  place  of  brick  walls  in  buildings  which  are  to  be  used 
for  dwellings  when  constructed  fireproof. 

4.  Increased  thickness  for  increased  span.  If  the  clear  span  is  to 
be  over  26  feet,  then  the  bearing  walls  shall  be  increased  4 inches 
in  thickness  for  every  121^  feet  or  part  thereof  that  said  span  is  over 
26  feet,  or  shall  have,  instead  of  the  increased  thickness,  such  piers 
or  buttresses  as,  in  the  judgment  of  the  superintendent  of  buildings 
may  be  necessary. 

5.  Non-hearing  walls.  All  non-bearing  walls  of  buildings  herein- 
before in  this  section  specified  may  be  4 inches  less  in  thickness, 
provided,  however,  that  none  are  less  than  12  inches  thick,  except 
as  in  this  chapter  specified.  No  wall  shall  be  built  having  any  one 
thickness  measuring  vertically  more  than  50  feet. 

6.  Plural  construction.  Whenever  two  or  more  dwelling  houses 
shall  be  constructed  not  over  12  feet  6 inches  in  width,  and  not  over 
50  feet  in  height,  the  alternating  centre  wall  between  any  two  such 
houses  shall  be  of  brick,  not  less  than  8 inches  thick  above  the  founda- 
tion wall;  and  the  ends  of  the  floor  beams  shall  be  so  separated  that 
4 inches  of  brickwork  will  be  between  the  beams  where  they  rest 
on  the  said  centre  wall. 

§252.  Walls  for  warehouses.  1.  Definition.  The  expression  “Walls 
for  warehouses’^  shall  be  taken  to  mean  and  include  in  this  class 
walls  for  the  following  buildings: 

Warehouses,  stores,  factories,  mills,  printing  houses,  pumping 
stations,  refrigerating  houses,  slaughter  houses,  wheelwright  shops, 
cooperage  shops,  breweries,  light  and  power  houses,  sugar  refineries, 
office  buildings,  stables,  markets,  railroad  buildings,  jails,  police 
stations,  court  houses,  observatories,  foundries,  machine  shops, 
public  assembly  buildings,  armories,  churches,  theatres,  libraries, 
museums. 

2.  Thickness. 

(a)  The  walls  of  all  warehouses,  25  feet  or  less  in  width  between 
walls  or  bearing,  shall  be  not  less  than  12  inches  thick  to  the  height 
of  40  feet  above  the  foundation  walls. 

(b)  If  over  40  feet  in  height,  and  not  over  60  feet  in  height,  the 
walls  shall  be  not  less  than  16  inches  thick  above  the  foundation 
walls  to  the  height  of  40  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  and  thence  not  less  than  12  inches  thick  to  the  top. 

(c)  If  over  60  feet  in  height,  and  not  over  75  feet  in  height  the 
walls  shall  be  not  less  than  20  inches  thick  above  the  foundation 
walls  to  the  height  of  25  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  and  thence  not  less  than  16  inches  thick  to  the  top. 

(d)  If  over  75  feet  in  height,  and  not  over  100  feet  in  height,  the 


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79 


walls  shall  be  not  less  than  24  inches  thick  above  the  foundation 
walls  to  the  height  of  40  feet,  or  to  the  nearest  tier  of  beams  to  that 
height;  thence  not  less  than  20  inches  thick  to  the  height  of  75  feet, 
or  to  the  nearest  tier  of  beams  to  that  height,  and  thence  not  less 
than  16  inches  to  the  top. 

(e)  If  over  100  feet  in  height,  and  not  over  125  feet  in  height,  the 
walls  shall  be  not  less  than  28  inches  thick  above  the  foundation 
walls  to  the  height  of  40  feet,  or  to  the  nearest  tier  of  beams  to  that 
height;  thence  not  less  than  24  inches  thick  to  the  height  of  75  feet, 
or  to  the  nearest  tier  of  beams  to  that  height;  thence  not  less  than 
16  inches  thick  to  the  top. 

(f)  If  over  100  feet  in  height,  and  not  over  125  feet  in  height, 
the  walls  shall  be  not  less  than  28  inches  thick  above  the  foundation 
walls  to  the  height  of  40  feet,  or  to  the  nearest  tier  of  beams  to  that 
height;  thence  not  less  than  24  inches  thick  to  the  height  of  75  feet, 
or  to  the  nearest  tier  of  beams  to  that  height;  thence  not  less  than 
20  inches  thick  to  the  height  of  110  feet,  or  to  the  nearest  tier  of 
beams  to  that  height,  and  thence  not  less  than  16  inches  thick  to 
the  top. 

(g)  If  over  125  feet  in  height,  and  not  over  150  feet,  the  walls 
shall  be  not  less  than  32  inches  thick  above  the  foundation  walls 
to  the  height  of  30  feet,  or  to  the  nearest  tier  of  beams  to  that  height; 
thence  not  less  than  28  inches  thick  to  the  height  of  65  feet,  or  to 
the  nearest  tier  of  beams  to  that  height;  thence  not  less  than  24 
inches  thick  to  the  height  of  100  feet,  or  to  the  nearest  tiers  of  beams 
to  that  height;  thence  not  less  than  20  inches  thick  to  the  height 
of  135  feet,  or  to  the  nearest  tier  of  beams  to  that  height;  and  thence 
not  less  than  16  inches  thick  to  the  top. 

(h)  If  over  150  feet  in  height,  each  additional  25  feet  in  height, 
or  part  thereof  next  above  the  foundation  walls  shall  be  increased 
4 inches  in  thickness,  the  upper  150  feet  of  wall  remaining  the  same 
as  specified  for  a wall  of  that  height. 

3.  Increased  thickness  for  increased  span.  If  there  is  to  be  a clear 
span  of  over  25  feet  between  the  bearing  walls,  such  walls  shall  be 
4 inches  more  in  thickness  than  in  this  section  specified,  for  every 
12 feet,  or  fraction  thereof,  that  said  walls  are  more  than  25  feet 
apart,  or  shall  have  instead  of  the  increased  thickness  such  piers  or 
buttresses  as,  in  the  judgment  of  the  superintendent  of  buildings,  may 
be  necessary. 

4.  Buildings  over  25  feet  in  width.  In  all  stores,  warehouses  and 
factories  over  25  feet  in  width  between  walls  there  shall  be  brick 
partition  walls,  or  girders  supported  on  iron,  or  wood  columns,  or 
piers  of  masonry. 

5.  Buildings  of  a public  character.  The  walls  of  buildings  of  a 
public  character  shall  be  not  less  than  in  this  chapter  specified  for 
warehouses,  with  such  piers  or  such  buttresses,  or  supplemental 
columns  of  iron  or  steel,  as,  in  the  judgment  of  the  superintendent 
of  buildings  may  be  necessary  to  make  a safe  and  substantial  build- 
ing. 

§ 253.  One-story  brick  buildings. — One-story  structures  not  ex- 
ceeding a height  of  15  feet  may  be  built  with  8-inch  walls  when  the 
bearing  walls  are  not  more  than  19  feet  apart,  and  the  length  of  the 
8-inch  bearing  walls  does  not  exceed  55  feet.  One-story  and  base- 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


merit  extensions  may  be  built  with  8-inch  walls  when  not  over  20 
feet  wide,  20  feet  deep  and  20  feet  high  to  dwellings. 

§ 254.  Bearing  walls. — 1.  Generally.  Bearing  walls  shall  be  taken 
to  mean  those  walls  on  which  the  beams,  girders  or  trusses  rest. 
If  any  horizontal  section  through  any  part  of  any  bearing  wall  in 
any  building  shows  more  than  30  per  centum  area  of  flues  and  open- 
ings, the  said  wall  shall  be  increased  4 inches  in  thickness  for  every 
15  per  centum,  or  fraction  thereof,  of  flue  or  opening  area  in  excess 
of  30  per  centum.  All  bearing  walls  faced  with  brick  laid  in  running 
bond  shall  be  4 inches  thicker  than  the  walls  are  required  to  be 
under  any  section  of  this  chapter. 

2.  Increased  thickness  for  increased  depth.  All  buildings,  not 
excepting  dwellings,  that  are  over  105  feet  in  depth,  without  a cross- 
wall or  proper  piers  or  buttresses,  shall  have  the  side  or  bearing 
walls  increased  in  thickness  4 inches  more  than  is  specified  in  the 
respective  sections  of  this  chapter  for  the  thickness  of  walls  for 
every  105  feet  or  part  thereof,  that  the  said  buildings  are  over  105 
feet  in  depth. 

§ 255.  Curtain  walls. — Curtain  walls  built  in  between  piers  or 
iron  or  steel  columns  and  not  supported  on  steel  or  iron  girders, 
shall  be  not  less  than  12  inches  thick  for  60  feet  of  the  uppermost 
height  thereof,  or  nearest  tier  of  beams  to  that  height,  and  increased 
4 inches  for  every  additional  section  of  60  feet  or  nearest  tier  of 
beams  of  that  height. 

§ 256.  Inclosure  walls;  skeleton  structure. — Walls  of  brick  built 
in  between  iron  or  steel  columns,  and  supported  wholly  or  in  part 
on  iron  or  steel  girders,  shall  be  not  less  than  12  inches  thick  for  75 
feet  of  the  uppermost  height  thereof,  or  to  the  nearest  tier  of  beams 
to  that  measurement,  in  any  building  so  constructed,  and  every 
lower  section  of  60  feet,  or  to  the  nearest  tier  of  beams  to  such  ver- 
tical measurement,  or  part  thereof,  shall  have  a thickness  of  4 inches 
more  than  is  required  for  the  section  next  above  it  down  to  the  tier 
of  beams  nearest  to  the  curb  level;  and  thence  downward,  the  thick- 
ness of  walls  shall  increase  in  the  ratio  prescribed  in  § 234  of  this 
chapter. 

§ 257.  Party  walls. — Walls  heretofore  built  for  or  used  as  party 
walls,  whose  thickness  at  the  time  of  their  erection  was  in  accordance 
with  the  requirements  of  the  then  existing  laws,  but  which  are  not 
in  accordance  with  the  requirements  of  this  chapter,  may  be  used, 
if  in  good  condition,  for  the  ordinary  uses  of  party  walls,  provided 
the  height  of  the  same  be  not  increased. 

§ 258.  Parapet  walls. — All  exterior  and  division  or  party  walls 
over  15  feet  high,  excepting  where  such  walls  are  to  be  finished  with 
cornices,  gutters  or  crown  mouldings,  shall  have  parapet  walls  not 
less  than  8 inches  in  thickness  and  carried  2 feet  above  the  roof, 
but  for  warehouses,  factories,  stores  and  other  buildings  used  for 
commercial  or  manufacturing  purposes,  the  parapet  walls  shall 
be  not  less  than  12  inches  in  thickness  and  carried  3 feet  above  the 
roof,  and  all  such  walls  shall  be  coped  with  stone,  terra-cotta  or  cast 
iron. 

§ 259.  Ashlar  work. — Stone  used  for  the  facing  of  any  building, 
and  known  as  ashlar,  shall  be  not  less  than  4 inches  thick.  Stone 
ashlar  shall  be  anchored  to  the  backing  and  the  backing  shall  be 


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81 


of  such  thickness  as  to  make  the  walls,  independent  of  the  ashlar, 
conform  as  to  the  thickness  with  the  requirements  of  §§  251  and  252 
of  this  chapter,  unless  the  ashlar  be  at  least  8 inches  thick  and  bonded 
onto  the  backing,  and  then  it  may  be  counted  as  part  of  the  thick- 
ness of  the  wall.  Iron  ashlar  plates  used  in  imitation  of  stone  ashlar 
on  the  face  of  a wall  shall  be  backed  up  with  the  same  thickness  of 
brickwork  as  stone  ashlar. 

§ 260.  Interior  walls. — In  case  the  walls  of  any  building  are  less 
than  25  feet  apart,  and  less  than  40  feet  in  depth,  or  there  are  cross- 
walls which  intersect  the  walls,  not  more  than  40  feet  distant,  or 
piers  or  buttresses  built  into  the  walls,  the  interior  walls  may  be 
reduced  in  thickness  in  just  proportion  to  the  number  of  crosswalls, 
piers  or  buttresses,  and  their  nearness  to  each  other;  provided,  how- 
ever, that  this  clause  shall  not  apply  to  walls  below  60  feet  in  height, 
and  that  no  such  wall  shall  be  less  than  12  inches  thick  at  the  top, 
and  greatly  increased  in  thickness  by  set-offs  to  the  bottom.  The 
superintendent  of  buildings  having  jurisdiction  is  hereby  authorized 
and  empowered  to  decide  (except  where  herein  otherwise  provided 
for)  how  much  the  walls  herein  mentioned  may  be  permitted  to  be 
reduced  in  thickness,  according  to  the  peculiar  circumstances  of  each 
case,  without  endangering  the  strength  and  safety  of  the  building. 

§261.  Partition  walls. — 1.  Generally.  Eight  inch  brick  and  6-inch 
and  4-inch  hollow  tile  partitions  of  hard-burnt  clay  or  porous  terra- 
cotta may  be  built,  not  exceeding  in  their  vertical  portions  a measure- 
ment of  50,  36  and  24  feet,  respectively,  and  in  their  horizontal  meas- 
urement a length  not  exceeding  75  feet,  unless  strengthened  by  proper 
crosswalls,  piers  or  buttresses,  or  built  in  iron  or  steel  framework. 
All  such  partitions  shall  be  carried  on  proper  foundations,  or  on  iron 
or  steel  girders,  or  on  iron  or  steel  girders  and  columns  or  piers  of 
masonry. 

2.  Cellars  of  residences.  One  line  of  fore-and-aft  partitions  in  the 
cellar  or  lowest  story,  supporting  stud  partitions  above,  in  all  res- 
idence buildings  over  20  feet  between  bearing  walls  in  the  cellar  or 
lowest  story,  hereafter  erected,  shall  be  constructed  of  brick,  not 
less  than  8 inches  thick,  or  piers  of  brick  with  openings  arched  over 
below  the  under  side  of  the  first  tier  of  beams,  or  girders  of  iron  or 
steel  and  iron  columns,  or  piers  of  masonry,  may  be  used;  or  if  iron 
or  steel  floor  beams  spanning  the  distance  between  bearing  walls  are 
used,  of  adequate  strength  to  support  the  stud  partitions  above  in 
addition  to  the  floor  load  to  be  sustained  by  the  said  iron  or  steel 
beams,  then  the  fore-and-aft  brick  partition,  or  its  equivalent,  may 
be  omitted.  Stud  partitions,  which  may  be  placed  in  the  cellar  or 
lowest  story  of  any  building,  shall  have  good,  solid,  stone  or  brick 
foundation  walls  under  the  same,  which  shall  be  built  up  to  the  top 
of  the  floor  beams  or  sleepers,  and  the  sills  of  said  partitions  shall  be 
of  locust  or  other  suitable  hard  wood;  but  if  the  walls  are  built  5 
inches  higher  of  brick  than  the  top  of  the  floor  beams  or  sleepers,  any 
wooden  sill  may  be  used  on  which  the  studs  shall  be  set. 

§ 262.  Tieing,  anchoring  or  bracing. — In  no  case  shall  any  wall  or 
walls  of  any  building  be  carried  up  more  than  2 stories  in  advance  of 
any  other  wall,  except  by  permission  of  the  superintendent  of  build- 
ings. This  prohibition  shall  not  include  the  inclosure  walls  for  skel- 
eton buildings.  The  front,  rear,  side  and  party  walls  shall  be  prop- 
6 


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erly  bonded  together,  or  anchored  to  each  other  every  6 feet  in  their 
height  by  wrought-iron  tie  anchors,  not  less  than  13^  inches  by 
of  an  inch  in  size,  and  not  less  than  24  inches  in  length.  The  side 
anchors  shall  be  built  into  the  side  or  party  walls  not  less  than  16 
inches,  and  into  the  front  and  rear  walls,  so  as  to  secure  the  front  and 
rear  walls  to  the  side  or  party  walls  when  not  built  and  bonded  to- 
gether. All  exterior  piers  shall  be  anchored  to  the  beams  or  girders 
on  the  level  of  each  tier.  The  walls  and  beams  of  every  building, 
during  the  erection  or  alteration  thereof,  shall  be  strongly  braced 
from  the  beams  of  each  story  and,  when  required,  shall  also  be  braced 
from  the  outside  until  the  building  is  inclosed.  The  roof  tier  of  wood 
beams  shall  be  safely  anchored  with  plank  or  joist  to  the  beams  of 
the  story  below  until  the  building  is  inclosed. 

§ 263.  Hollow  walls. — In  all  walls  that  are  built  hollow  the  same 
quantity  of  stone,  brick  or  concrete  shall  be  used  in  their  construc- 
tion as  if  they  were  built  solid  as  in  this  chapter  provided,  and  no 
hollow  wall  shall  be  built  unless  the  parts  of  same  are  connected  by 
proper  ties,  either  of  brick,  stone  or  iron,  placed  not  over  24  inches 
apart. 

§ 264.  Lining  walls. — 1.  Existing  structures.  In  case  it  is  desired 
to  increase  the  height  of  existing  party  or  independent  walls,  which 
are  less  in  thickness  than  required  under  this  chapter,  the  same  shall 
be  done  by  a lining  of  brickwork  to  form  a combined  thickness  with 
the  old  wall  of  not  less  than  4 inches  more  than  the  thickness  required 
for  a new  wall  corresponding  with  the  total  height  of  the  wall  when 
so  increased  in  height.  The  said  linings  shall  be  supported  on  proper 
foundations  and  carried  up  to  such  height  as  the  superintendent  of 
buildings  may  require.  No  lining  shall  be  less  than  8 inches  in  thick- 
ness, and  all  lining  shall  be  laid  up  in  cement  mortar  and  thoroughly 
anchored  to  the  old  brick  walls  with  suitable  wrought-iron  anchors, 
placed  2 feet  apart  and  properly  fastened  or  driven  into  the  old  walls 
in  rows  alternating  vertically  and  horizontally  with  each  other,  the 
old  walls  being  first  cleaned  of  plaster  or  other  coatings  where  any 
lining  is  to  be  built  against  the  same. 

2.  Rubble  walls.  No  rubble  wall  shall  be  lined  except  after  inspec- 
tion and  approval  by  the  superintendent  of  buildings. 

§ 265.  Furring. — 1.  Hollow  brick  or  tile.  The  inside  4 inches  of  all 
walls  may  be  built  of  hard-burnt  hollow  brick,  properly  tied  and 
bonded  into  the  walls  and  of  the  dimension  of  ordinary  bricks. 
Where  hollow  tile  or  porous  terra-cotta  blocks  are  used  as  lining  or 
furring  for  walls,  they  shall  not  be  included  in  the  measurement  of 
the  thickness  of  such  walls. 

2.  Wood.  In  all  walls  furred  with  wood,  the  brickwork  between 
the  ends  of  wood  beams  shall  project  the  thickness  of  the  furring 
beyond  the  inner  face  of  the  w^all  for  the  full  depth  of  the  beams. 

§ 266.  Recesses  and  chases  in  walls. — 1.  Stairway  and  elevator 
recesses.  Recesses  for  stairways  or  elevators  may  be  left  in  the  foun- 
dation or  cellar  walls  of  all  buildings,  but  in  no  case  shall  the  walls  be 
of  less  thickness  than  the  walls  of  the  fourth  story,  unless  reinforced 
by  additional  piers  with  iron  or  steel  girders,  or  iron  or  steel  columns 
and  girders,  securely  anchored  to  walls  on  each  side. 

2.  Alcoves.  Recesses  for  alcoves  and  similar  purposes  shall  have 
not  less  than  8 inches  of  brickwork  at  the  back  of  such  recesses,  and 


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83 


such  recesses  shall  be  not  more  than  8 feet  in  width,  and  shall  bo 
arched  over  or  spanned  with  iron  or  steel  lintels,  and  not  carried  up 
higher  than  18  inches  below  the  bottom  of  the  beams  of  the  floor 
next  above. 

3.  Pipe-chases.  No  chase  for  water  or  other  pipes  shall  be  mad(‘ 
in  any  pier,  and  in  no  wall  more  than  one-third  of  its  thickness.  The 
chases  around  said  pipe  or  pipes  shall  be  filled  up  with  solid  masonry 
for  the  space  of  1 foot  at  the  top  and  bottom  of  each  story. 

4.  Limitations.  No  horizontal  recess  or  chase  in  any  wall  shall  bo 
allowed  exceeding  4 feet  in  length  without  permission  of  the  super- 
intendent of  buildings  having  jurisdiction.  The  aggregate  area  of 
recesses  and  chases  in  any  wall  shall  not  exceed  one-fourth  of  the 
whole  area  of  the  face  of  the  wall  on  any  story,  nor  shall  any  such 
recess  be  made  within  a distance  of  6 feet  from  any  other  recess  in 
the  same  wall. 

§ 267.  Timber  in  walls. — No  timber  shall  be  used  in  any  wall  of 
any  building  w^here  stone,  brick  or  iron  is  commonly  used,  except 
inside  lintels,  as  hereinafter  provided,  and  brace  blocks,  not  more 
than  8 inches  in  length. 

§268.  Arches  and  lintels. — 1.  Generally.  Openings  for  doors  and 
windows  in  all  buildings  shall  have  good  and  sufficient  arches  of 
stone,  brick  or  terra-cotta,  well  built  and  keyed  with  good  and  suffi- 
cient abutments,  or  lintels  of  stone,  iron  or  steel  of  sufficient  strength, 
which  shall  have  a bearing  at  each  end  of  not  less  than  5 inches  on 
the  wall. 

2.  Arches.  All  masonry  arches  shall  be  capable  of  sustaining 
the  weight  and  pressure  which  they  are  designed  to  carry,  and  the 
stress  at  any  point  shall  not  exceed  the  working  stress  for  the  material 
used,  as  given  in  § 53  of  this  chapter.  Tie  rods  shall  be  used  where 
necessary  to  secure  stability. 

3.  Lintels.  On  the  inside  of  all  openings  in  which  lintels  shall  be 
less  than  the  thickness  of  the  wall  to  be  supported,  there  shall  be 
timber  lintels  which  shall  rest  at  each  end  and  not  more  than  3 inches 
on  an}^  wall,  which  shall  be  chamfered  at  each  end,  and  shall  have  a 
suitable  arch  turned  over  the  timber  lintel.  Or  the  inside  lintel 
may  be  of  cast  iron  or  wrought  iron  or  steel,  and  in  such  case  stone 
blocks  or  cast-iron  plates  shall  not  be  required  at  the  ends  where 
the  lintel  rests  on  the  walls,  provided  the  opening  is  not  more  than 
6 feet  in  width. 


ARTICLE  14 

WOOD  CONSTRUCTION 

Sec.  280.  General  provisions. 

§ 281.  Columns. 

§ 282.  Beams. 

§ 283.  Trusses. 

§ 280.  General  provisions. — 1.  Bolting.  All  bolts  in  connection 
with  timber  and  wood  beam  work  shall  be  provided  with  washers 
of  such  proportions  as  will  reduce  the  compression  on  the  wood  at 
the  face  of  the  washer  to  that  allowed  in  § 53  of  this  chapter,  sup- 
posing the  bolt  to  be  strained  to  its  limit. 


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2.  Fire  stops.  All  wood  beams  and  other  timbers  in  the  party 
wall  of  every  building  built  of  stone,  brick  or  iron  shall  be  sep- 
arated from  the  beam  or  timber  entering  in  the  opposite  side  of  the 
wall  by  at  least  4 inches  of  solid  mason  work. 

§ 281.  Columns. — All  timber  columns  shall  be  squared  at  the 
ends  perpendicular  to  their  axes.  To  prevent  the  unit  stresses  from 
exceeding  those  fixed  in  this  chapter,  timber  or  iron  cap  and  base 
plates  shall  be  provided.  Additional  iron  cheek  plates  shall  be 
placed  between  the  cap  and  base  plates  and  bolted  to  the  girders 
when  required  to  transmit  the  loads  with  safety. 

§ 282.  Beams. — 1.  Carrying  capacity.  The  safe  carrying  capacity 
of  wood  beams  for  uniformly  distributed  loads  shall  be  determined 
by  multiplying  the  area  in  square  inches  by  its  depth  in  inches  and 
dividing  the  product  by  the  span  of  the  beam  in  feet.  This  result 
is  to  be  multiplied  by  70  for  hemlock,  90  for  spruce  and  white  pine, 
120  for  oak  and  by  140  for  yellow  pine.  The  safe  carrying  capacity 
of  short  span  timber  beams  shall  be  determined  by  their  resistance 
to  shear  in  accordance  with  the  unit  stresses  fixed  by  § 53  of  this 
chapter. 

2.  Floor  or  roof  beams.  No  wood  floor  beams  or  wood  roof  beams 
used  in  any  building  hereafter  erected  shall  be  of  less  thickness  than 
three  inches.  The  ends  of  all  such  beams,  where  they  rest  on  brick 
walls,  shall  be  cut  to  a bevel  of  3 inches  on  their  depth.  In  no  case 
shall  either  end  of  a floor  or  roof  beam  be  supported  on  stud  parti- 
tions, except  in  frame  buildings,  and  all  such  beams  shall  be  properly 
bridged  with  cross  bridging,  and  the  distance  between  bridging  or 
between  bridging  and  walls  shall  not  exceed  8 feet.  Every  wood 
beam  except  header  and  tail  beams  shall  rest  at  one  end  4 inches 
in  the  wall  or  upon  a girder,  as  authorized  by  this  chapter. 

3.  Trimmer  and  header.  All  wood  trimmer  and  header  beams 
shall  be  proportioned  to  carry  with  safety  the  loads  they  are  in- 
tended to  sustain.  Every  wood  header  or  trimmer  more  than  4 feet 
long,  used  in  any  building,  shall  be  hung  in  stirrup  irons  of  suitable 
thickness  for  the  size  of  the  timbers. 

4.  Anchors  and  straps.  Each  tier  of  beams  shall  be  anchored  to 
the  side,  front,  rear  or  party  walls  at  intervals  of  not  more  than  6 
feet  apart,  with  good,  strong,  wrought-iron  anchors  of  not  less  than 
\]4  inches  by  ^/g  of  an  inch  in  size,  well  fastened  to  the  side  of  the 
beams  by  2 or  more  nails  made  of  wrought  iron  at  least  of  an 
inch  in  diameter.  Where  the  beams  are  supported  by  girders,  the 
girders  shall  be  anchored  to  the  walls  and  fastened  to  each  other 
by  suitable  iron  straps.  The  ends  of  wood  beams  resting  upon 
girders  shall  be  butted  together  end  to  end  and  strapped  by  wrought- 
iron  straps  of  the  same  size  and  distance  apart,  and  in  the  same 
beam  as  the  wall  anchors,  and  shall  be  fastened  in  the  same  manner 
as  said  wall  anchors,  or  they  may  lap  each  other  at  least  12  inches 
and  be  well  spiked  or  bolted  together  where  lapped. 

Each  tier  of  beams  front  and  rear,  opposite  each  pier,  shall  have 
hardwood  anchor  strips  dovetailed  into  the  beams  diagonally,  which 
strips  shall  cover  at  least  4 beams  and  be  1 inch  thick  and  4 inches 
wide,  but  no  such  anchor  strips  shall  be  let  in  within  4 feet  of  the 
centre  line  of  the  beams;  or  wood  strips  may  be  nailed  on  the  top 
of  the  beams  and  kept  in  place  until  the  floors  are  being  laid.  Every 


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85 


pier  and  wall,  front  or  rear,  shall  be  well  anchored  to  the  beams  of 
each  story,  with  the  same  size  anchors  as  are  required  for  side  walls, 
which  anchors  shall  hook  over  the  fourth  beam. 

5.  Fire  prevention.  All  wood  beams  shall  be  trimmed  away  from 
all  flues  and  chimneys,  whether  the  same  be  a smoke,  air  or  any 
other  flue  or  chimney.  The  trimmer  beam  shall  not  oe  less  than 
8 inches  from  the  inside  face  of  a flue,  and  4 inches  from  the  outside 
of  a chimney  breast,  and  the  header  beam  not  less  than  2 inches 
from  the  outside  face  of  the  brick  or  stone  work  of  the  same;  except 
that  for  the  smoke  flues  of  boilers  and  furnaces  where  the  brickwork 
is  required  to  be  8 inches  in  thickness,  the  trimmer  beam  shall  be 
not  less  than  12  inches  from  the  inside  of  the  flue.  The  header  beam, 
carrying  the  tail  beams  of  a floor,  and  supporting  the  trimmer  arch 
in  front  of  a fire  place,  shall  be  not  less  than  20  inches  from  the 
chimney  breast. 

§ 283.  Trusses. — When  compression  members  of  trusses  are  of 
timber  they  shall  be  strained  in  the  direction  of  the  fibre  only. 
When  timber  is  strained  in  tension  it  shall  be  strained  in  the  direc- 
tion of  the  fibre  only.  The  working  stress  in  timber  struts  of  pin- 
connected  trusses  shall  not  exceed  75  per  cent,  of  the  working 
stresses  established  in  § 53  of  this  chapter. 


ARTICLE  15 

IRON  OR  STEEL  CONSTRUCTION 

Sec.  300.  General  provisions. 

§ 301.  Cast-iron  columns. 

§ 302.  Columns  of  steel  or  wrought  iron. 

§ 303.  Double  columns. 

§ 304.  Joint  plates  for  open-back  columns. 

§ 305.  Party  wall  posts. 

§ 306.  Girders. 

§ 307.  Lintels. 

§ 308.  Plates  under  ends  of  lintels  and  girders. 

§ 309.  Floor  and  roof  beams. 

§ 310.  Trusses. 

§ 311.  Framing  and  connecting. 

§ 312.  Bolting. 

§ 313.  Riveting. 

Sec.  300.  General  provisions. — 1.  Fire-proof  casing.  Where  col- 
umns are  used  to  support  iron  or  steel  girders  carrying  inclosure  walls, 
the  said  columns  shall  be  of  cast  iron,  wrought  iron,  or  rolled  steel, 
and  on  their  exposed  outer  and  inner  surfaces  be  constructed  to  re- 
sist fire  by  having  a casing  of  brickwork  not  less  than  8 inches  in 
thickness  on  the  outer  surfaces,  nor  less  than  4 inches  in  thickness  on 
the  inner  surfaces,  and  all  bonded  into  the  brickwork  of  the  inclosure 
walls.  The  exposed  sides  of  the  iron  or  steel  girders  shall  be  similarly 
covered  in  with  brickwork  not  less  than  4 inches  in  thickness  on  the 
outer  surfaces  and  tied  and  bonded,  but  the  extreme  outer  edge  of 
the  flanges  of  beams,  or  plates  or  angles  connected  to  the  beams,  may 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


project  to  within  2 inches  of  the  outside  surface  of  the  brick  casing. 
The  inside  surfaces  of  girders  may  be  similarly  covered  with  brick- 
work, or  if  projecting  inside  of  the  wall,  they  shall  be  protected  by 
terra-cotta,  concrete  or  other  fireproof  material. 

2.  Girders.  Girders  for  the  support  of  the  inclosure  walls  shall  be 
placed  at  the  floor  of  each  story. 

3.  Metal  fronts.  All  cast  iron  or  metal  fronts  shall  be  backed  up  or 
filled  in  with  masonry  of  the  thickness  provided  for  in  §§  251  and  252 
of  this  chapter. 

4.  Painting.  All  structural  metal  work  shall  be  cleaned  of  all  scale, 
dirt  and  rust,  and  be  thoroughly  coated  with  one  coat  of  paint. 
Cast-iron  columns  shall  not  be  painted  until  after  inspection  under 
the  supervision  of  the  superintendent  of  buildings.  Where  surfaces 
in  riveted  work  come  in  contact,  they  shall  be  painted  before  assem- 
bling. After  erection  all  work  shall  be  painted  at  least  one  additional 
coat. 

5.  Subaqueous  work.  All  iron  or  steel  used  under  water  shall  be 
inclosed  with  concrete. 

§301.  Cast-iron  columns. — 1.  Dimensions.  Cast-iron  columns 
shall  not  have  less  diameter  than  5 inches,  or  less  thickness  than 
of  an  inch.  Nor  shall  they  have  an  unsupported  length  of  more  than 
20  times  their  lateral  dimensions  or  diameter,  except  as  modified  by 
§ 51  of  this  chapter,  and  except  the  same  may  form  part  of  an  elevator 
inclosure  or  staircase,  and  also  except  in  such  cases  as  the  superintend- 
ent of  buildings  may  specially  allow  a greater  unsupported  length. 

2.  Construction.  All  cast-iron  columns  shall  be  of  good  workman- 
ship and  material.  The  top  and  bottom  flanges,  seats  and  lugs  shall 
be  of  ample  strength,  reinforced  by  fillets  and  brackets;  they  shall 
be  not  less  than  one  inch  in  thickness  when  finished.  All  columns 
must  be  faced  at  the  ends  to  a true  surface  perpendicular  to  the  axis 
of  the  column. 

3.  Joints.  Column  joints  shall  be  secured  by  not  less  than  4 bolts 
each,  not  less  than  ^ of  an  inch  in  diameter.  The  holes  for  these 
bolts  shall  be  drilled  to  a template. 

4.  Core.  The  core  of  a column  below  a joint  shall  be  not  larger 
than  the  core  of  the  column  above  and  the  metal  shall  be  tapered 
down  for  a distance  of  not  less  than  6 inches,  or  a joint  plate  may  be 
inserted  of  sufficient  strength  to  distribute  the  load. 

5.  Thickness  of  metal.  The  thickness  of  metal  shall  not  be  less 

than  1-12  the  diameter  of  the  greatest  lateral  dimension  of  cross  sec- 
tion, but  never  less  than  ^ of  an  inch.  Wherever  the  core  of  a cast- 
iron  column  has  shifted  more  than  thickness  of  the  shell,  the 

strength  shall  be  computed,  assuming  the  thickness  of  metal  all 
around  equal  to  the  thinnest  part,  and  the  column  shall  be  condemned 
if  this  computation  shows  the  strength  to  be  less  than  required  by 
this  chapter. 

6.  Defects.  Wherever  blowholes  or  imperfections  are  found  in  a 
cast-iron  column  which  reduces  the  area  of  the  cross  section  at  that 
point  more  than  10  per  cent.,  such  column  shall  be  condemned. 

7.  Test-holes.  Cast-iron  posts  or  columns  not  cast  with  one  open 
side  or  back,  before  being  set  up  in  place,  shall  have  a */g-inch  hole 
drilled  in  the  shaft  of  each  post  or  column  by  the  manufacturer  or 
contractor  furnishing  the  same,  to  exhibit  the  thickness  of  the  cast- 


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87 


ings,  and  any  other  similar  sized  hole  or  holes,  which  the  superintend- 
ent of  buildings  may  require  shall  be  drilled  in  the  said  posts  or 
columns  by  the  manufacturer  or  contractor  at  his  own  expense. 

8.  Shoes  or  Plates.  Iron  or  steel  shoes  or  plates  shall  be  used  under 
the  bottom  tier  of  columns  to  properly  distribute  the  load  on  the 
foundation.  Shoes  shall  be  placed  on  top. 

§ 302.  Columns  of  steel  or  wrought  iron. — 1.  Dimensions.  No  part 
of  a steel  or  wrought  iron  column  shall  be  less  than  of  an  inch 
thick.  No  material,  whether  in  the  body  of  the  column  or  used  as 
lattice  bar  or  stay  plate,  shall  be  used  in  any  wrought  iron  or  steel 
column  of  less  thickness  than  1-32  of  its  unsupported  width,  measured 
between  centres  of  rivets  transversely,  of  1-16  the  distance  between 
centres  or  rivets  in  the  direction  of  the  stress.  No  wrought  iron  or 
rolled  steel  column  shall  have  an  unsupported  length  of  more  than 
40  times  its  least  lateral  dimension  or  diameter,  except  as  modified 
by  § 51  of  this  chapter,  and  also  except  in  such  cases  as  the  superin- 
tendent of  buildings  may  specially  allow  a greater  unsupported 
length. 

2.  Construction.  Steel  and  wrought  iron  columns  shall  be  made  in 
one,  two  or  three-story  lengths,  and  the  materials  shall  be  rolled  in 
one  length  wherever  practicable  to  avoid  intermediate  splices. 
Where  any  part  of  the  section  of  a column  projects  beyond  that  of  the 
column  below,  the  difference  shall  be  made  up  by  filling  plates  secured 
to  column  by  the  proper  number  of  rivets.  The  ends  of  all  columns 
shall  be  faced  to  a plane  surface  at  right  angles  to  the  axis  of  the 
columns,  and  the  connection  between  them  shall  be  made  with  splice 
plates.  The  joint  may  be  effected  by  rivets  of  sufficient  size  and  num- 
ber to  transmit  the  entire  stress,  and  then  the  splice  plates  shall  be 
equal  in  sectional  area  to  the  area  of  column  spliced.  When  the  sec- 
tion of  the  columns  to  be  spliced  is  such  that  spliced  plates  cannot  be 
used,  a connection  formed  of  plates  and  angles  may  be  used,  designed 
to  properly  distribute  the  stress. 

3.  Stay  plates.  Stay  plates  are  to  have  not  less  than  4 rivets,  and 
are  to  be  spaced  so  that  the  ratio  of  length  by  the  least  radius  of 
gyration  of  the  parts  connected  does  not  exceed  40;  the  distance  be- 
tween nearest  rivets  of  two  stay  plates  shall  in  this  case  be  considered 
as  length. 

4.  Shoes  or  plates.  Shoes  of  iron  or  steel,  as  described  for  cast-iron 
columns,  or  built  shoes  of  plates  and  shapes  may  be  used,  complying 
with  same  requirements. 

§ 303.  Double  columns. — In  all  buildings  hereafter  erected  or 
altered,  where  any  iron  or  steel  column  or  columns  are  used,  to  sup- 
port a wall  or  part  thereof,  whether  the  same  be  an  exterior  or  an 
interior  wall,  and  columns  located  below  the  level  of  the  sidewalk 
which  are  used  to  support  exterior  walls  or  arches  over  vaults,  the 
said  column  or  columns  shall  be  either  constructed  double — that  is, 
an  outer  and  an  inner  column,  the  inner  column  alone  to  be  sufficient 
strength  to  sustain  safely  the  weight  to  be  imposed  thereon,  and  the 
outer  columns  shall  be  1 inch  shorter  than  the  inner  columns,  or  such 
other  iron  or  steel  column  of  sufficient  strength  and  protected  with 
not  less  than  two  inches  of  fireproof  material  securely  applied,  except 
that  double  or  protected  columns  shall  not  be  required  for  walls 
fronting  on  streets  or  courts. 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 304.  Joint-plates  for  open-hack  columns. — Iron  or  steel  posts  or 
columns,  with  one  or  more  open  sides  and  backs,  shall  have  solid 
iron  plates  on  top  of  each,  excepting  where  pierced  for  the  passage 
of  pipes. 

§ 305.  Party  wall  posts. — If  iron  or  steel  posts  are  to  be  used  as 
party  posts  in  front  of  a party  wall,  and  intended  for  two  buildings, 
then  the  said  posts  shall  be  not  less  in  width  than  the  thickness  of 
the  party  wall,  nor  less  in  depth  than  the  thickness  of  the  wall  to  be 
supported  above.  Iron  or  steel  posts  in  front  of  side,  division  or  party 
walls  shall  be  filled  up  solid  with  masonry  and  made  perfectly  tight 
between  the  posts  and  walls.  Intermediate  posts  may  be  used,  which 
shall  be  sufficiently  strong,  and  the  lintels  thereon  shall  have  suffi- 
cient bearings  to  carry  the  weight  above  with  safety. 

§ 306.  Girders. — 1.  Use  of  beams.  When  rolled  steel  or  wrought 
iron  beams  are  used  in  pairs  to  form  a girder,  they  shall  be  connected 
together  by  bolts  and  iron  separators  at  intervals  of  not  more  than 
5 feet.  All  beams  12  inches  and  over  in  depth  shall  have  at  least 
2 bolts  to  each  separator. 

2.  Riveting.  Rivets  in  flanges  shall  be  placed  so  that  the  last 
value  of  a rivet  for  either  shear  or  bearing  is  equal  or  greater  than 
the  increment  of  strain  due  to  the  distance  between  adjoining  rivets. 
All  other  rules  given  under  riveting  shall  be  followed.  The  length 
of  rivets  between  heads  shall  be  limited  to  4 times  the  diameter. 

3.  Lateral  bracing.  The  compression  flange  of  plate  girders  shall 
be  secured  against  buckling,  if  its  length  exceeds  30  times  its  width. 
If  splices  are  used,  they  shall  fully  make  good  the  members  spliced 
in  either  tension  or  compression. 

4.  Stiffeners.  Stiffeners  shall  be  provided  over  supports  and  other 
concentrated  loads;  they  shall  be  of  sufficient  length  as  a column, 
to  carry  the  loads,  and  shall  be  connected  with  a sufficient  number 
of  rivets  to  transmit  the  stresses  into  the  web  girders.  Stiffeners 
shall  fit  so  as  to  support  the  flanges  of  the  girders.  If  the  unsup- 
ported depth  of  the  web  plate  exceeds  60  times  its  thickness,  stiff- 
eners shall  be  used  at  intervals  not  exceeding  120  times  the  thickness 
of  the  web. 

§ 307.  Lintels. — Cast  iron  lintels  shall  not  be  used  for  spans 
exceeding  16  feet.  Cast-iron  lintels  or  beams  shall  be  not  less  than 
% of  an  inch  in  thickness  in  any  of  their  parts. 

§ 308.  Plates  under  ends  of  lintels  and  girders. — When  the  lintels 
or  girders  are  supported  at  the  ends  by  brick  walls  or  piers  they 
shall  rest  upon  cut  granite  or  bluestone  blocks  at  least  10  inches 
thick,  or  upon  cast-iron  plates  of  equal  strength  by  the  full  size  of 
the  bearings.  In  case  the  opening  is  less  than  12  feet,  the  stone 
blocks  may  be  5 inches  in  thickness,  or  cast-iron  plates  of  equal 
strength  by  the  full  size  of  the  bearings,  may  be  used,  provided 
that  in  all  cases  the  safe  loads  do  not  exceed  those  fixed  by  § 53  of 
this  chapter. 

§309.  Floor  and  roof  beams. — 1.  General  specifications.  All  rolled 
steel  and  wrought  iron  floor  and  roof  beams  used  in  buildings  shall 
be  of  full  weight,  straight  and  free  from  injurious  defects.  Holes 
for  tie  rods  shall  be  placed  as  near  the  thrust  of  the  arch  as  prac- 
ticable. The  distance  between  tie  rods  in  floors  shall  not  exceed 
eight  feet,  and  shall  not  exceed  8 times  the  depth  of  floor  beams 


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89 


12  inches  and  under.  Channels  or  other  shapes,  where  used  as 
skewbacks,  shall  have  a sufficient  resisting  moment  to  take  up  the 
thrust  of  the  arch.  Bearing  plates  of  stone  or  metal  shall  be  used 
to  reduce  the  pressure  on  the  wall  to  the  working  stress.  Beams 
resting  on  girders  shall  be  securely  riveted  or  bolted  to  the  same; 
where  joined  on  a girder,  tie-straps  of  H inch  net  sectional  area  shall 
be  used,  with  rivets  or  bolts  to  correspond.  Anchors  shall  be  pro- 
vided at  the  ends  of  all  such  beams  bearing  on  walls. 

2.  Templates.  Under  the  ends  of  all  iron  or  steel  beams,  where 
they  rest  on  the  walls,  a stone  or  cast-iron  template  shall  be  built 
into  the  walls.  Templates  under  ends  of  steel  or  iron  beams  shall 
be  of  such  dimensions  as  to  bring  no  greater  pressure  upon  the  brick- 
work than  that  allowed  by  § 53  of  this  chapter.  When  rolled  iron 
or  steel  floor  beams,  not  exceeding  6 inches  in  depth,  are  placed  not 
more  than  30  inches  on  centres,  no  templates  shall  be  required. 

§ 310.  Trusses. — 1.  General  provisions.  Trusses  shall  be  of  such 
design  that  the  stresses  in  each  member  can  be  calculated.  All 
trusses  shall  be  held  rigidly  in  position  by  efficient  systems  of  lateral 
and  sway  bracing,  struts  being  spaced  so  that  the  maximum  limit 
of  length  to  least  radius  of  gyration,  established  in  § 51  of  this  chap- 
ter, is  not  exceeded.  Any  member  of  a truss  subjected  to  trans- 
verse stress,  in  addition  to  direct  tension  or  compression,  shall  have 
the  stresses  causing  such  strain  added  to  the  direct  stresses  coming 
on  the  member,  and  the  total  stresses  thus  formed  shall  in  no  case 
exceed  the  working  stresses  stated  in  § 53  of  this  chapter.  No  bolts 
shall  be  used  in  the  connections  of  riveted  trusses,  excepting  when 
riveting  is  impracticable,  and  then  the  holes  shall  be  drilled  or 
reamed. 

2.  Rivetted  trusses.  For  tension  members,  the  actual  net  area 
only,  after  deducting  rivet  holes,  inch  larger  than  the  rivets,  shall 
be  considered  as  resisting  the  stress.  If  tension  members  are  made 
of  angle  irons  riveted  through  one  flange  only,  only  that  flange 
shall  be  considered  in  proportioning  areas.  Rivets  to  be  propor- 
tioned as  prescribed  in  §§  53  and  313  of  this  chapter.  If  the  axes 
of  two  adjoining  web  members  do  not  intersect  within  the  line  of 
the  chords,  sufficient  area  shall  be  added  to  the  chord  to  take  up 
the  bending  strains. 

3.  Pin  connected  trusses.  The  bending  stresses  on  pins  shall  be 
limited  to  20,000  pounds  for  steel  and  15,000  pounds  for  iron.  All 
compression  members  in  pin-connected  trusses  shall  be  propor- 
tioned, using  75  per  cent,  of  the  permissible  working  stress  for  col- 
umns. The  heads  of  all  eye-bars  shall  be  made  by  upsetting  or 
forging.  No  weld  will  be  allowed  in  the  body  of  the  bar.  Steel 
eye-bars  shall  be  annealed.  Bars  shall  be  straight  before  boring. 
All  pin-holes  shall  be  bored  true  and  at  right  angles  to  the  axis  of 
the  members,  and  must  fit  the  pin  within  one-thirty-second  of  an 
inch.  The  distances  of  pin-holes  from  centre  to  centre  for  correspond- 
ing members  shall  be  alike,  so  that,  when  piled  upon  one  another, 
pins  will  pass  through  both  ends  without  forcing.  Eyes  and  screw 
ends  shall  be  so  proportioned  that  upon  test  to  destruction,  fracture 
will  take  place  in  the  body  of  the  member.  All  pins  shall  be  accu- 
rately turned.  Pin-plates  shall  be  provided  wherever  necessary  to 
reduce  the  stresses  on  pins  to  the  working  stresses  prescribed  in  § 53 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


of  this  chapter.  These  pin-plates  shall  be  connected  to  the  members 
by  rivets  of  sufficient  size  and  number  to  transmit  the  stresses  with- 
out exceeding  working  stresses.  All  rivets  in  members  of  pin- 
connected  trusses  shall  be  machine  driven.  All  rivets  in  pin-plates 
which  are  necessary  to  transmit  stress  shall  be  also  machine-driven. 
The  main  connections  of  members  shall  be  made  by  pins.  Other 
connections  may  be  made  by  bolts.  If  there  is  a combination  of 
riveted  and  pin-connected  members  in  one  truss,  these  members 
shall  comply  with  the  requirements  for  pin-connected  trusses;  but 
the  riveting  shall  comply  with  the  requirements  of  §§53  and  313 
of  this  chapter. 

§ 311.  Framing  and  connecting, — All  iron  or  steel  trimmer  beams, 
headers,  and  tail  beams,  shall  be  suitably  framed  and  connected 
together,  and  the  iron  or  steel  girders,  columns,  beams,  trusses  and 
all  other  iron  work  of  all  floors  and  roofs  shall  be  strapped,  bolted, 
anchored  and  connected  together,  and  to  the  walls.  All  beams 
framed  into  and  supported  by  other  beams  or  girders  shall  be  con- 
nected thereto  by  angles  or  knees  of  a proper  size  and  thickness,  and 
have  sufficient  bolts  or  rivets  in  both  legs  of  each  connecting  angle 
to  transmit  the  entire  weight  or  load  coming  on  the  beam  to  the 
supporting  beam  or  girder.  In  no  case  shall  the  shearing  value  of 
the  bolts  or  rivets  or  the  bearing  value  of  the  connection  angles, 
provided  for  in  § 53  of  this  chapter,  be  exceeded. 

§ 312.  Bolting. — Where  riveting  is  not  made  mandatory  con- 
nections may  be  effected  by  bolts.  These  bolts  shall  be  of  wrought 
iron  or  mild  steel,  and  they  shall  have  United  States  standard  threads. 
The  threads  shall  be  full  and  clean,  the  nut  shall  be  truly  concentric 
with  the  bolt,  and  the  thread  shall  be  of  sufficient  length  to  allow 
the  nut  to  be  screwed  up  tightly.  When  bolts  go  through  bevel 
flanges,  bevel  washers  to  match  shall  be  used  so  that  head  and  nut 
of  bolt  are  parallel.  When  bolts  are  used  for  suspenders,  the  work- 
ing stresses  shall  be  reduced  for  wrought  iron  to  10,000  pounds 
and  for  steel  to  14,000  pounds  per  square  inch  of  net  area,  and  the 
load  shall  be  transmitted  into  the  head  or  nut  by  strong  washers 
distributing  the  pressure  evenly  over  the  entire  surface  of  the  same. 
Turned  bolts  in  reamed  holes  shall  be  deemed  a substitute  for  field 
rivets. 

§ 313.  Riveting. — The  distance  from  centre  of  a rivet  hole  to  the 
edge  of  the  material  shall  not  be  less  than : 
of  an  inch  for  ^/2-inch  rivets; 
of  an  inch  for  ^/g-inch  rivets; 

iVg  of  an  inch  for  ^/4-inch  rivets; 

1^/g  of  an  inch  for  ’^/g-inch  rivets; 

1^/2  of  an  inch  for  1-inch  rivets. 

Wherever  possible,  however,  the  distance  shall  be  equal  to  2 
diameters.  All  rivets,  wherever  practicable,  shall  be  machine  driven. 
The  rivets  in  connections  shall  be  proportioned  and  placed  to  suit 
the  stresses.  The  pitch  of  rivets  shall  never  be  less  than  three  diam- 
eters of  the  rivet,  nor  more  than  6 inches.  In  the  direction  of  the 
stress  it  shall  not  exceed  16  times  the  least  thickness  of  the  outside 
member.  At  right  angles  to  the  stress  it  shall  not  exceed  32  times  the 
least  thickness  of  the  outside  member.  All  holes  shall  be  punched 
accurately,  so  that  upon  assembling  a cold  rivet  will  enter  the  hole 


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91 


without  straining  the  material  by  drifting.  Occasional  slight  errors 
shall  be  corrected  by  reaming.  The  rivets  shall  fill  the  holes  com- 
pletely; the  heads  shall  be  hemispherical  and  concentric  with  the 
axis  of  the  rivet.  Gussets  shall  be  provided  wherever  required,  of 
sufficient  thickness  and  size  to  accommodate  the  number  of  rivets 
necessarv  to  make  a connection. 


ARTICLE  16 

REINFORCED  CONCRETE  CONSTRUCTION 

Sec.  330. 

ARTICLE  17 

FIREPROOF  CONSTRUCTION 

Sec.  350.  Generally. 

§ 351.  Buildings  over  150  feet  in  height. 

§ 352.  Fireproof  floors. 

Sec.  350.  Generally. — 1.  Application.  Every  building  hereafter 
erected  or  altered,  to  be  used  as  a hotel,  lodging  house,  school, 
theatre,  jail,  police  station,  hospital,  asylum,  institution  for  the  care 
or  treatment  of  persons,  the  heighLof  which  exceeds  36  feet  6 inches, 
and  every  other  building  the  height  of  which  exceeds  75  feet,  except 
as  herein  otherwise  provided,  shall  be  built  fireproof;  that  is  to  say — 

They  shall  be  constructed  with  walls  of  brick,  stone,  Portland 
cement  concrete,  iron  or  steel,  in  which  wood  beams  or  lintels  shall 
not  be  placed,  and  in  which  the  floors  and  roofs  shall  be  of  materials 
provided  for  in  § 352  of  this  chapter. 

2.  Partitions.  All  hall  partitions  or  permanent  partitions  between 
rooms  in  fireproof  buildings  shall  be  built  of  fireproof  material  and 
shall  not  be  started  on  wood  sills,  nor  on  wooden  floor  boards,  but 
be  built  upon  the  fireproof  construction  of  the  floor  and  extend  to  the 
fireproof  beam  filling  above.  The  tops  of  all  door  and  window 
openings  in  such  partitions  shall  be  at  least  12  inches  below  the  ceiling 
line. 

3.  Protection  of  metal  work.  All  cast  iron,  wrought  iron  or  rolled 
steel  columns,  including  the  lugs  and  brackets  on  same,  used  in  the 
interior  of  any  fireproof  building,  or  used  to  support  any  fireproof 
floor,  shall  be  protected  with  not  less  than  2 inches  of  fireproof  mate- 
rial, securely  applied.  The  extreme  outer  edge  of  lugs,  brackets  and 
similar  supporting  metal  may  project  to  within  ^/g  of  an  inch  of  the 
surface  of  the  fireproofing. 

4.  Staircases.  The  stairs  and  staircase  landing  shall  be  built 
entirely  of  brick,  stone,  Portland  cement  concrete,  iron  or  steel. 

5.  Woodwork  restrict^.  No  woodwork  or  other  inflammable  mate- 
rial shall  be  used  in  any  of  the  partitions,  furrings  or  ceilings  in  any 
such  fireproof  buildings,  excepting,  however,  that  when  the  height 
of  the  buildings  does  not  exceed  12  stories  nor  more  than  150  feet, 
the  doors  and  windows  and  their  frames,  the  trims,  the  casings,  the 
interior  finish  when  filled  solid  at  the  back  with  fireproof  material,  and 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


the  floor  boards  and  sleepers  directly  thereunder,  may  be  of  wood,  but 
the  space  between  the  sleepers  shall  be  solidly  filled  with  fireproof 
materials  and  extend  up  to  the  under  side  of  the  floor  boards.  (Ord. 
app.  May  8,  1906.) 

The  "interior  finish"  applies  to  the  permanent  structure  and  not  to  trade  fix- 
tures. City  of  N.  Y.  V.  Stewart  Realty  Co.,  109  App.  Div.  702. 

§ 351.  Buildings  over  150  feet  in  height. — When  the  height  of  a fire- 
proof building  exceeds  12  stories,  or  more  than  150  feet,  the  floor  sur- 
faces shall  be  of  stone,  cement,  rock  asphalt,  tiling,  or  similar  in- 
combustible material,  or  the  sleepers  and  floors  may  be  of  wood 
treated  by  some  process  to  render  the  same  fireproof,  approved  by 
the  superintendent  of  buildings.  All  outside  window  frames  and 
sash  shall  be  of  metal,  or  of  wood  covered  with  metal,  the  inside 
window  frames  and  sash,  doors,  trim  and  other  interior  finish  may 
be  of  wood  covered  with  metal,  or  of  wood  treated  by  some  process 
to  render  the  same  fireproof,  approved  by  the  superintendent  of 
buildings  having  jurisdiction. 

§352.  Fireproof  floors. — 1.  Construction  generally.  Fireproof  floors 
shall  be  constructed  with  wrought  iron  or  steel  floor  beams  so  ar- 
ranged as  to  spacing  and  length  of  beams  that  the  load  to  be  sup- 
ported by  them,  together  with  the  weights  of  the  materials  used  in 
the  construction  of  the  said  floors,  shall  not  cause  a greater  deflection 
of  the  said  beams  than  1-30  of  an  inch  per  foot  of  span  under  the  total 
load;  and  they  shall  be  tied  together  at  intervals  of  not  more  than 
8 times  the  depth  of  the  beam. 

2.  Brick-arch  construction.  Between  the  wrought  iron  or  steel  floor 
beams  shall  be  placed  brick  arches  springing  from  the  lower  flange 
of  the  steel  beams.  Said  brick  arches  shall  be  designed  with  a rise 
safely  to  carry  the  imposed  load,  but  never  less  than  1J4  inches  for 
each  foot  of  span  between  the  beams,  and  they  shall  have  a thickness 
of  not  less  than  4 inches  for  spans  of  5 feet  or  less  and  8 inches  for 
spans  over  5 feet,  or  such  thickness  as  may  be  required  by  the  super- 
intendent of  buildings.  Said  brick  arches  shall  be  composed  of  good, 
hard  brick  or  hollow  brick  of  ordinary  dimensions  laid  to  a line  on  the 
centres,  properly  and  solidly  bonded,  each  longitudinal  line  of  brick 
breaking  joints  with  the  adjoining  lines  in  the  same  ring  and  with  the 
ring  under  it  when  more  than  a 4-inch  arch  is  used.  The  brick  shall 
be  well  wet  and  the  joints  filled  in  solid  with  cement  mortar.  The 
arches  shall  be  well  grouted  and  properly  keyed. 

3.  Hollow-tile  construction.  Or  the  space  between  the  beams  may 
be  filled  in  with  hollow  tile  arches  of  hard-burnt  clay  or  porous  terra- 
cotta of  uniform  density  and  hardness  of  burn.  The  skew  backs  shall 
be  of  such  form  and  section  as  to  properly  receive  the  thrust  of  said 
arch;  and  the  said  arches  shall  of  be  a depth  and  sectional  area  to 
carry  the  load  to  be  imposed  thereon,  without  straining  the  material 
beyond  its  safe  working  load,  but  said  depth  shall  not  be  less  than 

inches  for  each  foot  of  span,  not  including  any  portion  of  the 
depth  of  the  tile  projecting  below  the  under  side  of  the  beams,  a 
variable  distance  being  allowed  of  not  over  6 inches  in  the  span  be- 
tween the  beams,  if  the  soffits  of  the  tile  are  straight;  but  if  said 
arches  are  segmental,  having  a rise  of  not  less  than  inches  for 
each  foot  of  span,  the  depth  of  the  tile  shall  not  be  less  than  6 inches. 
The  joints  shall  be  solidly  filled  with  cement  mortar  as  required  for 


BUILDING  CODE 


9;^ 


common  brick  arches  and  the  arch  so  constructed  that  the  key  block 
shall  always  fall  in  the  central  portion.  The  shells  and  webs  of  all 
end  construction  blocks  shall  abut,  one  against  another. 

4.  Concrete  arches.  Or  the  space  between  the  beams  may  be  filled 
with  arches  of  Portland  cement  concrete,  segmental  in  form,  and 
which  shall  have  a rise  of  not  less  than  1)4.  inches  for  each  foot  of 
span  between  the  beams.  The  concrete  shall,  not  be  less  than  4 
inches  in  thickness  at  the  crown  of  the  arch  and  shall  be  mixed  in 
the  proportions  required  by  § 24  of  this  chapter.  These  arches 
shall  in  all  cases  be  reinforced  and  protected  on  the  under  side  with 
corrugated  or  sheet  steel,  steel  ribs,  or  metal  in  other  forms  weighing 
not  less  than  1 pound  per  square  foot  and  having  no  openings  larger 
than  3 inches  square. 

5.  Tile^  slab  or  fire-proof  composition  construction.  Or  between 
the  said  beams  may  be  placed  solid  or  hollow  burnt  clay,  stone, 
brick,  or  concrete  slabs  in  flat  or  curved  shapes,  concrete  or  other 
fireproof  composition  may  be  used  in  composition,  and  any  of  said 
materials  may  be  used  in  combination  with  wire  cloth,  expanded 
metal,  wire  strands,  or  wrought  iron  or  steel;  but  in  any  such  con- 
struction and  as  a precedent  condition  to  the  same  being  used,  tests 
shall  be  made  as  herein  provided  by  the  manufacture  thereof  under 
the  direction  and  to  the  satisfaction  of  the  superintendent  of  build- 
ings and  evidence  of  the  same  shall  be  kept  on  file  in  the  bureau  of 
buildings,  showing  the  nature  of  the  test  and  the  result  of  the  test. 

6.  Test  of  construction.  The  tests  referred  to  in  the  preceding 
subdivision  of  this  section  shall  be  made  by  constructing  within 
inclosure  walls  a platform  consisting  of  4 rolled  steel  beams,  10 
inches  deep,  weighing  each  25  pounds  per  linear  foot,  and  placed 
4 feet  between  the  centres,  and  connected  by  transverse  tie-rods, 
and  with  a clear  span  of  14  feet  for  the  2 interior  beams  and  with 
the  2 outer  beams  supported  on  the  side  walls  throughout  their 
length,  and  with  both  a filling  between  the  said  beams,  and  a fire- 
proof protection  of  the  exposed  parts  of  the  beams  of  the  system  to 
be  tested,  constructed  as  in  actual  practice,  with  the  quality  of 
material  ordinarily  used  in  that  system  and  the  ceiling  plastered 
below,  as  in  a finished  job;  such  filling  between  the  2 interior  beams 
being  loaded  with  a distributed  load  of  150  pounds  per  square  foot 
of  its  area  and  all  carried  by  such  filling;  and  subjecting  the  plat- 
form so  constructed  to  the  continuous  heat  of  a wood  fire  below, 
averaging  not  less  than  1,700  degrees  Fahrenheit  for  not  less  than 
4 hours,  during  which  time  the  platform  shall  have  remained  in 
such  condition  that  no  flame  will  have  passed  through  the  platform 
or  any  part  of  the  same,  and  that  no  part  of  the  load  shall  have 
fallen  through,  and  that  the  beams  shall  have  been  protected  from 
the  heat  to  the  extent  that  after  applying  to  the  under  side  of  the 
platform  at  the  end  of  the  heat  test  a stream  of  water  directed  against 
the  bottom  of  the  platform  and  discharging  through  a 1^/g  nozzle 
under  60  pounds  pressure  for  five  minutes,  and  after  flooding  the 
top  of  the  platform  with  water  under  low  pressure,  and  then  again 
applying  the  stream  of  water  through  the  nozzle  under  the  60  pounds 
of  pressure  to  the  bottom  of  the  platform  for  5 minutes,  and  after  a 
total  load  of  600  pounds  per  square  foot  uniformly  distributed  over 
the  middle  bay  shall  have  been  applied  and  removed,  after  the 


94 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Elatform  shall  have  cooled,  the  maximum  deflection  of  the  interior 
earns  shall  not  exceed  2^  inches.  The  several  superintendents 
of  buildings  may  from  time  to  time  prescribe  additional  or  different 
tests  than  the  foregoing  for  systems  of  Ailing  between  iron  or  steel 
floor  beams,  and  the  protection  of  the  exposed  parts  of  the  beams. 
Any  system  failing  to  meet  the  requirements  of  the  test  of  heat, 
water  and  weight,  as  herein  prescribed,  shall  be  prohibited  from 
use  in  any  building  hereafter  erected.  Duly  authenticated  records 
of  the  tests  heretofore  made  of  any  system  of  fireproof  floor  filling 
and  protection  of  the  exposed  parts  of  the  beams  may  be  presented 
to  the  superintendent  of  buildings,  and,  if  the  same  be  satisfactory 
to  him,  it  shall  be  accepted  as  conclusive. 

7.  Filling  in.  On  top  of  any  arch,  lintel  or  other  device  which 
does  not  extend  to  and  from  a horizontal  line  with  the  top  of  the 
said  floor  beams,  cinder  concrete  or  other  suitable  fireproof  material 
shall  be  placed  to  solidly  fill  up  the  space  to  a level  with  the  top  of 
the  said  floor  beams,  and  shall  be  carried  to  the  under  side  of  the 
wood  floor  boards  in  case  such  be  used. 

8.  Centering.  Temporary  centering  when  used  in  placing  fire- 
proof systems  between  floor  beams,  shall  not  be  removed  within  24 
hours  or  until  such  time  as  the  mortar  or  material  has  set. 

9.  Protection  against  freezing.  No  filling  of  any  kind  which  may 
be  injured  by  frost  shall  be  placed  between  said  floor  beams  during 
freezing  weather,  and  if  the  same  is  so  placed  during  any  winter 
months,  it  shall  be  temporarily  covered  with  suitable  material  for 
protection  from  being  frozen. 

10.  Floor  openings  to  he  fire-stopped.  Openings  through  fireproof 
floors  for  pipes,  conduits  and  similar  purposes  shall  be  shown  on 
the  plans.  After  the  floors  are  constructed  no  opening  greater  than 
8 inches  square  shall  be  cut  through  said  floors,  unless  properly 
boxed  or  framed  around  with  iron.  And  such  openings  shall  be 
filled  in  with  fireproof  material,  after  the  pipes  or  conduits  are  in 
place. 

11.  Protection  of  metal  work.  The  bottom  flanges  of  all  wrought 
iron  or  rolled  steel  floor  and  flat  roof  beams,  and  all  exposed  por- 
tions of  such  beams  below  the  abutments  of  the  floor  arches  shall 
be  entirely  incased  with  hard-burnt  clay,  porous  terra-cotta  or  other 
fireproof  material  allowed  to  be  used  for  the  filling  between  the 
beams  under  the  provisions  of  this  section,  such  incasing  material 
to  be  properly  secured  to  the  beams.  The  exposed  sides  and  bottom 
plates  or  flanges  of  wrought  iron  or  rolled  steel  girders  supporting 
iron  or  steel  floor  beams,  or  supporting  floor  arches  or  floors,  shall 
be  entirely  incased  in  the  same  manner. 

12.  Working  load.  All  fireproof  floor  systems  shall  be  of  sufl[icient 
strength  to  safely  carry  the  load  to  be  imposed  thereon  without 
straining  the  material  in  any  case  beyond  its  safe  working  load. 

ARTICLE  18 

FIRE  WALLS  AND  SHAFTS 

Sec.  370.  Restriction  upon  area  of  stores,  warehouses  and  factories. 

§ 371.  Light  and  vent  shafts. 

§ 372.  Inclosure  of  elevator  shafts. 


BUILDING  CODE 


95 


§ 373.  Protection  of  shafts  and  hoistways. 

§ 374.  Dumb-waiter  shafts. 

§ 375.  Fireproof  shutters  and  doors. 

Sec.  370.  Restriction  upon  area  of  stores,  warehouses  and  factories. — 
In  all  stores,  warehouses  or  factories,  in  case  iron,  steel  or  wood 
girders,  supported  by  iron,  steel  or  wood  columns,  or  piers  of  ma- 
sonry, are  used  in  place  of  brick  partition  walls,  the  building  may 
be  75  feet  wide  and  210  feet  deep,  when  extending  from  street  to 
street,  or  when  otherwise  located  may  cover  an  area  of  not  more 
than  8,000  superficial  feet.  When  a building  fronts  on  three  streets 
it  may  be  105  feet  wide  and  210  feet  deep,  or  if  a corner  building 
fronting  on  two  streets  it  may  cover  an  area  of  not  more  than  12,500 
superficial  feet;  but  in  no  case  wider  nor  deeper,  nor  to  cover  a greater 
area,  except  in  the  case  of  fireproof  buildings.  An  area  greater  than 
herein  stated  may,  considering  location  and  purpose,  be  allowed 
by  the  superintendent  of  buildings  when  the  proposed  building  does 
not  exceed  3 stories  in  height. 

§ 371.  Light  and  vent  shafts. — In  every  building  hereafter  erected 
or  altered,  all  the  walls  or  partitions  forming  interior  light  or  vent 
shafts  shall  be  built  of  brick  or  such  other  fireproof  materials  as  may 
be  approved  by  the  superintendent  of  buildings.  The  walls  of  all 
light  or  vent  shafts,  whether  exterior  or  interior,  hereafter  erected, 
shall  be  carried  up  not  less  than  3 feet  above  the  level  of  the  roof, 
and  the  brick  walls  coped  as  other  parapet  walls.  Vent  shafts  to 
light  interior  bathrooms  in  private  dwellings  may  be  built  of  wood 
filled  in  solidly  with  brick  or  hard-burnt  clay  blocks,  when  extending 
through  not  more  than  1 story  in  height,  and  carried  not  less  than 
2 feet  above  the  roof,  covered  with  a ventilating  skylight,  of  metal 
and  glass. 

§ 372.  Inclosure  of  elevator  shafts. — 1.  In  new  buildings.  All 
elevators  hereafter  placed  in  any  building,  except  such  fireproof 
buildings  as  have  been  or  may  be  hereafter  erected,  shall  be  inclosed 
in  suitable  walls  of  brick  or  with  a suitable  framework  of  iron  and 
burnt-clay  filling,  or  of  such  other  fireproof  material  and  form  of 
construction  as  may  be  approved  by  the  superintendent  of  buildings, 
except  that  the  inclosure  walls  in  non-fir eproof  buildings  over  5 
stories  high,  used  as  warehouses  or  factories  shall  be  of  brick.  If  the 
inclosure  walls  are  of  brick,  laid  in  cement  mortar,  and  not  used  as 
bearing  walls,  they  may  be  8 inches  in  thickness  for  not  more  than 
50  feet  of  their  uppermost  height,  and  increasing  in  thickness  4 inches 
for  each  lower  50  feet  portion  or  part  thereof.  Said  walls  or  con- 
struction shall  extend  through  and  at  least  3 feet  above  the  roof. 
All  openings  in  the  said  walls  shall  be  provided  with  fireproof  shutters 
or  fireproof  doors,  made  solid  for  3 feet  above  the  floor  level,  except 
that  the  doors  used  for  openings  in  buildings  intended  for  the  oc- 
cupancy of  one  family  may  be  of  wood  covered  on  the  inner  surface 
and  edges  with  metal,  not  including  the  openings  in  the  cellar,  nor 
above  the  roof  in  any  such  shaft  walls.  The  roofs  over  all  inclosed 
elevators  shall  be  made  of  fireproof  materials,  with  a skylight  at 
least  three-fourths  the  area  of  the  shaft,  made  of  glass  set  in  iron 
frames.  When  the  shaft  does  not  extend  to  the  ground  the  lower  end 
shall  be  inclosed  in  fireproof  material. 


9(3 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


2.  In  existing  hotels.  In  every  non-fireproof  building  used  or 
occupied  as  a hotel,  in  which  there  is  an  elevator  not  inclosed  in 
fireproof  shafts,  such  elevator  shall  be  inclosed  in  suitable  walls, 
constructed  and  arranged  as  required  in  this  chapter  for  elevator 
shafts. 

3.  Open  grill-work  inclosures.  Open  grillwork  inclosures  for 
passenger  elevators,  not  extending  below  the  level  of  the  first  floor, 
may  be  erected  in  staircase  inclosures  in  buildings  where  the  entire 
space  occupied  by  the  stairs  and  elevators  is  inclosed  in  brick  or 
stone  walls,  and  the  stairs  are  constructed  as  specified  in  § 440  of  this 
chapter. 

§ 373.  Protection  of  shafts  and  hoistways. — 1.  Gates  and  trap-doors. 
In  any  building  in  which  there  shall  be  any  hoistway  or  freight 
elevator  or  wellhole  not  inclosed  in  walls  constructed  of  brick  or 
other  fireproof  material  and  provided  with  fireproof  doors,  the 
openings  thereof  through  and  upon  each  floor  of  said  building,  shall 
be  provided  with  and  protected  by  a substantial  guard  or  gate  and 
with  such  good  and  sufficient  trap-doors  as  may  be  directed  and 
approved  by  the  superintendent  of  buildings.  Such  guards  or  gates 
shall  be  kept  closed  at  all  times,  except  when  in  actual  use,  and  the 
trap-doors  shall  be  closed  at  the  close  of  the  business  of  each  day  by 
the  occupant  or  occupants  of  the  building  having  the  use  or  control 
of  the  same. 

2.  Freight  elevators.  When,  in  the  opinion  of  the  superintendent 
of  buildings  automatic  trap-doors  are  required  to  the  floor  openings 
of  any  uninclosed  freight  elevator,  the  same  shall  be  constructed  so 
as  to  form  a substantial  floor  surface  when  closed,  and  so  arranged  as 
to  open  and  close  by  the  action  of  the  elevator  in  its  passage  either 
ascending  or  descending. 

3.  Enforcement  of  section.  Each  superintendent,  within  his  juris- 
diction shall  have  exclusive  power  and  authority  to  require  the 
openings  of  hoistways  or  hoistway  shafts,  elevators  and  wellholes  in 
buildings  to  be  inclosed  or  secured  by  trap-doors,  guards  or  gates  and 
railings. 

(B.  C.,  sec.  95,  rev.  from  L.  1882,  ch.  410,  § 492,  as  amend.) 

It  is  the  duty  of  an  owner  of  a building  to  protect  a hatchway  by  a suitable 
railing.  McRickard  v.  Flint,  114  N.  Y.  222;  Atkinson  v.  Abraham,  45  Hun,  238. 
And  see  Malloy  v.  N.  Y.  Real  Est.  Assn.,  156  N.  Y.  205.  Provisions  to  safeguard 
elevator  shafts,  held  reasonable.  Racine  v.  Norris,  136  App.  Div.  468,  aff’d  201 
N.  Y.  240. 

§ 374.  Dumbwaiter  shafts. — All  dumbwaiter  shafts  hereafter 
created  in  any  building,  except  such  as  do  not  extend  more  than  three 
stories  above  the  cellar  or  basement  in  dwelling  houses,  shall  be 
enclosed  in  suitable  walls  of  brick  or  with  burnt-clay  blocks,  set  in 
iron  frames  of  proper  strength,  or  fireproof  blocks  strengthened  with 
metal  dowels,  or  such  other  fireproof  material  and  form  of  construc- 
tion as  may  be  approved  by  the  superintendent  of  buildings.  Said 
walls  or  construction  shall  extend  at  least  3 feet  above  the  roof  and  be 
covered  with  a skylight  at  least  three-fourths  the  area  of  the  shaft, 
made  with  metal  frames  and  glazed.  All  openings  in  the  inclosure 
walls  or  construction  shall  be  provided  with  seif  closing  fireproof 
doors.  When  the  shaft  does  not  extend  to  the  floor  level  of  the  lowest 
story,  the  bottom  of  the  shaft  shall  be  constructed  of  fireproof 
materials. 


BUILDING  CODE 


97 


In  buildings  erected  prior  to  the  passage  of  this  ordinance  any 
existing  dumbwaiter  shaft  which  extends  into  the  cellar  or  lowest 
story,  except  such  as  do  not  extend  more  than  three  stories  above  the 
cellar  or  basement  in  dwelling  houses,  shall  be  enclosed  in  the  cellar 
or  lowest  story  with  walls  of  brick  8 inches  thick,  unless  already 
enclosed  in  some  form  of  construction  conforming  to  the  require- 
ments hereinbefore  prescribed  for  new  dumbwaiter  shafts.  All  open- 
ings in  said  walls  shall  be  provided  with  self  closing  fireproof  doors. 

Requirement  that  dumb-waiter  shafts  be  fireproofed  held  to  apply  to  buildings 
erected  before  the  provision  was  adopted.  City  N.  Y.  v.  Foster,  148  App.  Div.  258, 
aff’d  205  N.  Y.  593. 

§ 375.  Fireproof  shutters  and  doors. — 1.  Buildings  requiring. 
Every  building  which  is  more  than  2 stories  in  height  above  the 
curb  level,  except  dwelhng  houses,  hotels,  school  houses  and  churches, 
shall  have  doors,  bhnds  or  shutters  made  of  iron,  hung  to  iron  hang- 
ing frames  or  to  iron  eyes  built  into  the  wall,  on  every  exterior  win- 
dow and  opening  above  the  first  story  thereof,  excepting  on  the  front 
openings  of  buildings  fronting  on  streets  which  are  more  than  30 
feet  in  width  or  where  no  other  buildings  are  within  30  feet  of  such 
openings. 

2.  Construction.  The  said  doors,  blinds  or  shutters  may  be  con- 
structed of  pine  or  other  soft  wood  of  two  thicknesses  of  matched 
boards  at  right  angles  with  each  other,  and  securely  covered  with  tin 
on  both  sides  and  edges,  with  folded  lapped  joints,  the  nails  for  fasten- 
ing the  same  being  driven  inside  the  lap;  the  hinges  and  bolts  or 
latches  shall  be  secured  or  fastened  to  the  door  or  shutter  after  the 
same  has  been  covered  with  the  tin,  and  such  doors  or  shutters  shall 
be  hung  upon  an  iron  frame  independent  of  the  woodwork  of  the 
windows  and  doors,  or  2 iron  hinges  securely  fastened  in  the  masonry; 
or  such  frames,  if  of  wood,  shall  be  covered  with  tin  in  the  same 
manner  as  the  doors  and  shutters. 

3.  Shutters  opening  on  fire-escapes.  All  shutters  opening  on  fire- 
escapes,  and  at  least  1 row,  vertically,  in  every  3 rows  on  the  front 
window  openings  above  the  first  story  of  any  building,  shall  be  so 
arranged  that  they  can  be  readily  opened  from  the  outside  by  fire- 
men. 

4.  Rolling  shutters.  All  roUing  iron  or  steel  shutters  hereafter 
placed  in  the  first  story  of  any  building  shall  be  counterbalanced 
so  that  said  rolling  shutters  may  be  readily  opened  by  the  firemen. 

5.  Inside  shutters  of  metal.  No  building  hereafter  erected  other 
than  a dwelling  house  or  fireproof  building  shall  have  inside  iron  or 
steel  shutters  to  windows  above  the  first  story. 

6.  Exemption.  All  windows  and  openings  above  the  first  story 
of  any  building  may  be  provided  with  other  suitable  protection,  or 
may  be  exempted  from  having  shutters  by  the  superintendent  of 
building  or  the  board  of  examiners,  as  the  case  may  be. 

7.  Fireproof  doors.  All  buildings  specified  in  this  section  hereafter 
erected  or  altered  having  openings  in  interior  walls  shall  be  provided 
with  suitable  fireproof  doors  where  deemed  necessary  by  the  superin- 
tendent of  buildings. 

8.  Closing  shutters  and  doors.  All  occupants  of  buildings  shall 
close  all  exterior  and  interior  fireproof  shutters,  doors  and  bfinds  at 
the  close  of  the  business  of  each  day. 

7 


1)8  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

ARTICLE  19 

CHIMNEYS,  FLUES  AND  HEATING  APPLIANCES 

Sec.  390.  Construction. 

§ 391.  Chimneys. 

§ 392.  Chimneys  and  fire-places. 

§ 393.  Flues. 

§ 394.  Smoke  pipes. 

§ 395.  Hot-air  heating. 

I 396.  Vent  flues. 

§ 397.  Heating  furnaces  and  boilers. 

§ 398.  Steam  and  hot  water  pipes. 

§ 399.  Ranges  and  stoves. 

§ 400.  Drying  rooms. 

§ 401.  Notice  to  be  given  of  changes  in  plants. 

Sec.  390.  Construction. — All  fireplaces  and  chimneys  in  stone  or 
brick  walls  in  any  building  hereafter  erected,  except  as  herein  other- 
wise provided,  and  any  chimney  or  flue  hereafter  altered  or  repaired, 
without  reference  to  the  purpose  for  which  they  may  be  used,  shall 
have  the  joints  struck  smooth  on  the  inside,  except  when  lined  on 
the  inside  with  pipe.  No  parging  mortar  shall  be  used  on  the  in- 
side of  any  fireplace,  chimney  or  flue.  No  wood  casing,  furring  or 
lath  shall  be  placed  against  or  cover  any  smoke  flue  or  metal  pipe 
used  to  convey  hot  air  or  steam. 

§ 391.  Chimneys. — 1.  Foundation  and  supports.  No  chimney 
shall  be  started  or  built  upon  any  floor  or  beam  of  wood.  Where 
chimneys  are  supported  by  piers,  the  piers  shall  start  from  the  founda- 
tion on  the  same  line  with  the  chimney  breast,  and  shall  be  not  less 
than  12  inches  on  the  face,  properly  bonded  into  the  walls.  When  a 
chimney  is  to  be  cut  off  below,  in  whole  or  in  part,  it  shall  be  wholly 
supported  by  stone,  brick,  iron  or  steel.  In  no  case  shall  a chimney 
be  corbeled  out  more  than  8 inches  from  the  wall,  and  in  all  such 
cases  the  corbeling  shall  consist  of  at  least  5 courses  of  brick,  but  no 
corbeling  more  than  4 inches  shall  be  allowed  in  8-inch  brick  walls. 

2.  Dwellings  and  stables.  On  dwelling  houses  and  stables,  3 stories 
or  less  in  height,  not  less  than  6 of  the  top  courses  of  a chimney  may 
be  laid  in  pure  cement  mortar  and  the  brickwork  carefully  bonded 
and  anchored  together  in  lieu  of  coping. 

3.  Foundry  cupolas.  Iron  cupola  chimneys  of  foundries  shall 
extend  at  least  10  feet  above  the  highest  point  of  any  roof  within 
a radius  of  50  feet  of  such  cupola,  and  be  covered  on  top  with  a heavy 
wire  netting.  No  woodwork  shall  be  placed  within  2 feet  of  the 
cupola. 

4.  Repair  and  removal.  All  chimneys  which  shall  be  dangerous 
in  any  manner  whatever,  shall  be  repaired  and  made  safe,  or  taken 
down. 

§ 392.  Chimneys  and  fire-places. — 1.  Trimmer  arches.  All  fire- 
places and  chimney  breasts,  where  mantels  are  placed,  whether  in- 
tended for  ordinary  fireplace  uses  or  not,  shall  have  trimmer  arches 
to  support  hearths,  and  the  said  arches  shall  be  at  least  20  inches 
in  width,  measured  from  the  face  of  the  chimney  breast,  and  they 


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99 


shall  be  constructed  of  brick,  stone  or  burnt  clay.  The  length  of  a 
trimmer  arch  shall  be  not  less  than  the  width  of  the  chimney  breast. 
Wood  centres  under  trimmer  arches  shall  be  removed  before  plaster- 
ing the  ceiling  underneath. 

2.  Fire-hacks.  The  firebacks  of  all  fireplaces  hereafter  erected 
shall  be  not  less  than  8 inches  in  thickness,  of  solid  masonry.  When 
a grate  is  set  in  a fireplace  a lining  of  firebrick,  at  least  2 inches 
in  thickness,  shall  be  added  to  the  fireback,  unless  soapstone,  tile  or 
cast  iron  is  used,  and  filled  solidly  behind  with  fireproof  material. 

3.  Fire-place  heaters.  If  a heater  is  placed  in  a fire-place,  then  the 
hearth  shall  be  the  full  width  of  the  heater.  All  fireplaces  in  which 
heaters  are  placed  shall  have  incombustible  mantels. 

4.  Fire-hoards.  No  fireplace  shall  be  closed  with  a wood  fireboard. 

5.  Mantels.  No  wood  mantel  or  other  woodwork  shall  be  exposed 
back  of  a summer  piece;  the  ironwork  of  the  summer  piece  shall 
be  placed  against  the  back  or  stone  work  of  the  fireplace. 

§ 393.  Flues. — 1.  Construction.  All  smoke  flues  shall  extend  at 
least  3 feet  above  a flat  roof,  and  at  least  2 feet  above  a peak  roof. 
The  stone  or  brickwork  of  the  smoke  flues  of  all  boilers,  furnaces, 
baker’s  ovens,  large  cooking  ranges,  large  laundry  stoves,  and  all 
flues  used  for  a similar  purpose,  shall  be  at  least  8 inches  in  thickness, 
and  shall  be  capped  with  terra-cotta^  stone  or  cast  iron. 

2.  Boiler  and  furnace  flues.  The  inside  4 inches  of  all  boiler  flues 
shall  be  fire-brick,  laid  in  fire  mortar,  for  a distance  of  25  feet  in  any 
direction  from  the  source  of  heat.  All  smoke  flues  of  smelting  fur- 
naces or  of  steam  boilers,  or  other  apparatus  which  heat  the  flues 
to  a high  temperature,  shall  be  built  with  double  walls  of  suitable 
thickness  for  the  temperature,  with  an  air  space  between  the  walls,  the 
inside  4 inches  of  the  flues  to  be  of  firebrick. 

3.  Flue  linings.  In  all  buildings  hereafter  erected  every  smoke 
flue,  except  the  flues  hereinbefore  mentioned,  shall  be  lined  on  the 
inside  with  cast  iron  or  well-burnt  clay,  or  terra-cotta  pipe,  made 
smooth  on  the  inside,  from  the  bottom  of  the  flue,  or  from  the  throat 
of  the  fireplace,  if  the  flue  starts  from  the  latter,  and  carried  up  con- 
tinuously to  the  extreme  height  of  the  flue.  The  ends  of  all  such  lin- 
ing pipes  shall  be  made  to  fit  close  together,  and  the  pipe  shall  be 
built  in  as  the  flue  or  flues  are  carried  up.  Each  smoke  pipe  shall  be 
inclosed  on  all  sides  with  not  less  than  4 inches  of  brickwork  properly 
bonded  together. 

4.  Maintenance.  All  flues  in  every  building  shall  be  properly 
cleaned  and  all  rubbish  removed,  and  the  flues  left  smooth  on  the 
inside  upon  the  completion  of  the  building. 

§ 394.  Smoke-pipes. — 1.  Inside  construction.  No  smoke  pipe  shall 
pass  through  any  wood  floor.  No  stovepipe  shall  be  placed  nearer 
than  nine  inches  to  any  lath  and  plaster  or  board  partition,  ceiling  or 
any  woodwork.  Smoke  pipes  of  laundry  stoves,  large  cooking  ranges 
and  of  furnaces  shall  be  not  less  than  15  inches  from  any  woodwork, 
unless  they  are  properly  guarded  by  metal  shields;  if  so,  guarded 
stove-pipes  shall  be  not  less  than  6 inches  distant,  smoke  pipes  of 
laundry  stoves,  large  cooking  ranges  and  of  furnaces  shall  be  not  less 
than  9 inches  distant  from  any  woodvrork.  Where  smoke  pipes 
pass  through  a lath  and  plaster  partition  they  shall  be  guarded  by 
galvanized  iron  ventilated  thimbles  at  least  12  inches  larger  in  diam- 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


eter  than  the  pipes,  or  by  galvanized  iron  thimbles  built  in  at  least 
8 inches  of  brickwork. 

2.  Through  roofs.  No  smoke  pipe  shall  pass  through  the  roof  of  any 
building  unless  a special  permit  be  first  obtained  from  the  bureau  of 
buildings  for  the  same.  If  a permit  is  so  granted,  then  the  roof 
through  which  the  smoke  pipe  passes  shall  be  protected  in  the  follow- 
ing manner:  A galvanized  iron  ventilated  thimble  of  the  following 
dimensions  shall  be  placed;  in  case  of  a stovepipe,  the  diameter  of 
the  outside  guard  shall  be  not  less  than  12  inches  and  the  diameter  of 
the  inner  one  8 inches,  and  for  all  furnaces,  or  where  similar  large  hot 
fires  are  used,  the  diameter  of  the  outside  guard  shall  be  not  less  than 
18  inches  and  the  diameter  of  the  inner  one  12  inches.  The  smoke- 
pipe  thimbles  shall  extend  from  the  under  side  of  the  ceiling  or  roof 
beams  to  at  least  9 inches  above  the  roof,  and  they  shall  have  open- 
ings for  ventilation  at  the  lower  end  where  the  smoke  pipes  enter, 
also  at  the  top  of  the  guards  above  the  roof.  Where  a smoke  pipe  of  a 
boiler  passes  through  a roof,  the  same  shall  be  guarded  by  a ventilated 
thimble,  same  as  before  specified,  36  inches  larger  than  the  diameter 
of  the  smoke  pipe  of  the  boiler. 

§395.  Hot-air  heating. — 1.  Stationary  furnaces.  All  brick  hot-air 
furnaces  shall  have  two  covers,  with  an  air  space  of  at  least  4 inches 
between  them;  the  inner  cover  of  the  hot-air  chamber  shall  be  either 
a brick  arch  or  2 courses  of  brick  laid  on  galvanized  iron  or  tin,  sup- 
ported on  iron  bars;  the  outside  cover,  which  is  the  top  of  the  furnace, 
shall  be  made  of  brick  or  metal  supported  on  iron  bars,  and  so  con- 
structed as  to  be  perfectly  tight,  and  shall  be  not  less  than  4 inches 
below  any  combustible  ceiling  or  floor  beams.  The  walls  of  the 
furnace  shall  be  built  hollow  in  the  following  manner:  One  inner  and 
one  outer  wall,  each  4 inches  in  thickness,  properly  bonded  together 
with  an  air  space  of  not  less  than  3 inches  between  them.  Furnaces 
must  be  built  at  least  4 inches  from  all  woodwork.  The  cold-air 
boxes  of  all  hot-air  furnaces  shall  be  made  of  metal,  brick  or  other 
incombustible  material,  for  a distance  of  at  least  10  feet  from  the 
furnace. 

2.  Portable  furnaces.  All  portable  hot-air  furnaces  shall  be  placed 
at  least  2 feet  from  any  wood  or  combustible  partition  or  ceiling,  un- 
less the  partitions  and  ceilings  are  properly  protected  by  a metal 
shield,  when  the  distance  shall  be  not  less  than  1 foot.  Wood  floors 
under  all  portable  furnaces  shall  be  protected  by  2 courses  of  brick- 
work well  laid  in  mortar  on  sheet  iron.  Said  brickwork  shall  extend 
at  least  2 feet  beyond  the  furnace  in  front  of  the  ash  pan. 

3.  Hot  air  pipes  and  ducts.  All  stone  or  brick  hot-air  flues  and 
shafts  shall  be  lined  with  tin,  galvanized  iron  or  burnt-clay  pipes. 
Tin  or  other  metal  pipes  in  brick  or  stone  walls,  used  or  intended  to 
be  used  to  convey  heated  air,  shall  be  covered  with  brick  or  stone  at 
least  4 inches  in  thickness.  Woodwork  near  hot-air  pipes  shall  be 
guarded  in  the  following  manner:  A hot-air  pipe  shall  be  placed 
inside  another  pipe,  1 inch  larger  in  diameter,  or  a metal  shield  shall 
be  placed  not  less  than  inch  from  the  hot-air  pipe;  the  outside 
pipe  or  the  metal  shield  shall  remain  \Yi  inches  away  from  the 
woodwork  and  the  latter  must  be  tin  lined,  or  in  lieu  of  the  above 
protection,  4 inches  of  brickwork  may  be  placed  between  the  hot-air 
pipe  and  the  woodwork.  This  shall  not  prevent  the  placing  of  metal 


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101 


lath  and  plaster  directly  on  the  face  of  hot-air  pipes  or  the  placing  of 
woodwork  on  such  metal  lath  or  plaster,  provided  the  distance  is  not 
less  than  Vs  of  an  inch.  No  vertical  hot-air  pipe  shall  be  placed  in  a 
stud  partition,  or  in  a wood  inclosure,  unless  it  be  at  least  8 feet 
distant  in  a horizontal  direction  from  the  furnace.  Hot-air  pipes  in 
closets  shall  be  double,  with  a space  of  1 inch  between  them.  Horizon- 
tal hot-air  pipes  shall  be  placed  6 inches  below  the  floor  beams  or 
ceiling;  if  the  floor  beams  or  ceiling  are  plastered  and  protected  by  a 
metal  shield,  then  the  distance  shall  be  not  less  than  3 inches. 

4.  Registers.  Registers  located  over  a brick  furnace  shall  be 
supported  by  a brick  shaft  built  up  from  the  cover  of  the  hot-air 
chamber;  said  shaft  shall  be  lined  with  a metal  pipe,  and  all  wood 
beams  shall  be  trimmed  away  not  less  than  four  inches  from  it. 
Where  a register  is  placed  on  any  woodwork  in  connection  with  a 
metal  pipe  or  duct,  the  end  of  the  said  pipe  or  duct  shall  be  flanged 
over  on  the  woodwork  under  it.  All  registers  for  hot-air  furnaces 
placed  in  any  woodwork  or  combustible  floors  shall  have  stone  or 
iron  borders  firmly  set  in  plaster  of  paris  or  gauged  niortar.  All 
register  boxes  shall  be  made  of  tin  plate  or  galvanized  iron  with  a 
flange  on  the  top  to  fit  the  groove  in  the  frame,  the  register  to  rest 
upon  the  same;  there  shall  be  an  open  space  of  2 inches  on  all  sides 
of  the  register  box,  extending  from  the  under  side  of  the  border  to  and 
through  the  ceiling  below.  The  said  opening  shall  be  fitted  with  a tight 
tin  or  galvanized  iron  casing,  the  upper  end  of  which  shall  be  turned 
under  the  frame.  When  a register  box  is  placed  in  the  floor  over  a 
portable  furnace,  the  open  space  on  all  sides  of  the  register  box  shall 
be  not  less  than  3 inches.  When  only  one  register  is  connected  wdth  a 
furnace  said  register  shall  have  no  valve. 

§ 396.  Vent  flues. — Vent  flues  or  ducts  for  the  removal  of  foul  or 
vitiated  air  in  which  the  temperature  of  the  air  cannot  exceed  that 
of  the  rooms,  may  be  constructed  of  iron,  or  other  incombustible 
material,  and  shall  not  be  placed  nearer  than  1 inch  to  any  woodwork, 
and  no  such  pipe  shall  be  used  for  any  other  purpose.  In  the  support 
or  construction  of  such  ducts,  if  placed  in  a public  school  room,  no 
wood  furring  or  other  inflammable  material  shall  be  nearer  than  2 
inches  to  said  flues  or  ducts,  and  shall  be  covered  on  all  sides  other 
than  those  resting  against  brick,  terra-cotta,  or  other  incombustible 
material,  with  metal  lath  plastered  with  at  least  2 heavy  coats  of 
mortar,  and  having  at  least  3^  inch  air  space  between  the  flues  or 
ducts  and  the  lath  and  plaster. 

§ 397.  Heating  furnaces  and  boilers. — A brick-set  boiler  shall  not 
be  placed  on  any  wood  or  combustible  floor  or  beams.  Wood  or 
combustible  floors  and  beams  under  and  not  less  than  3 feet  in  front 
and  1 foot  on  the  sides  of  all  portable  boilers  shall  be  protected  by  a 
suitable  brick  foundation  of  not  less  than  2 courses  of  brick  well 
laid  in  mortar  on  sheet  iron;  the  said  sheet  iron  shall  extend  at  least 
24  inches  outside  of  the  foundation  at  the  sides  and  front.  Bearing 
lines  of  bricks,  laid  on  the  flat,  with  air  spaces  between  them,  shall  be 
placed  on  the  foundation  to  support  a cast-iron  ash  pan  of  suitable 
thickness,  on  which  the  base  of  the  boiler,  shall  be  placed  and  shall 
have  a flange,  turned  up  in  the  front  and  on  the  sides,  4 inches  high; 
said  pan  shall  be  in  w'idth  not  less  than  the  base  of  the  boiler  and  shall 
extend  at  least  2 feet  in  front  of  it.  If  a boiler  is  supported  on  a 


102 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


cast-iron  base  with  a bottom  of  the  required  thickness  for  an  ash 
pan,  and  is  placed  on  bearing  lines  of  brick  in  the  same  manner  as 
specified  for  an  ash  pan,  then  an  ash  pan  shall  be  placed  in  front  of 
tne  said  base  and  shall  not  be  required  to  extend  under  it.  All  lath 
and  plaster  and  wood  ceiling  and  beams  over  and  to  a distance  of  not 
less  than  4 feet  in  front  of  all  boilers  shall  be  shielded  with  metal. 
The  distance  from  the  top  of  the  boiler  to  said  shield  shall  be  not  less 
than  12  inches.  No  combustible  partition  shall  be  within  4 feet  of  the 
sides  and  back  and  4 feet  from  the  front  of  any  boiler,  unless  said 
partition  shall  be  covered  with  metal  to  the  height  of  at  least  3 feet 
above  the  floor,  and  shall  extend  from  the  end  or  back  of  the  boiler  to 
at  least  5 feet  in  front  of  it;  then  the  distance  shall  be  not  less  than 
2 feet  from  the  sides  and  5 feet  from  the  front  of  the  boiler. 

§ 398. — Steam  and  hot  water  pipes. — Steam  or  hot  water  heating 
pipes  shall  not  be  placed  within  2 inches  of  any  timber  or  woodwork, 
unless  the  timber  or  woodwork  is  protected  by  a metal  shield;  then 
the  distance  shall  be  not  less  than  1 inch.  All  steam  or  hot  water 
heating  pipes  passing  through  floors  and  ceilings  or  lath  and  plas- 
tered partitions  shall  be  protected  by  a metal  tube  1 inch  larger 
in  diameter  than  the  pipe  having  a metal  cap  at  the  floor,  and  where 
they  are  run  in  a horizontal  direction  between  a floor  and  ceiling, 
a metal  shield  shall  be  placed  on  the  under  side  of  the  floor  over 
them,  and  on  the  sides  of  wood  beams  running  parallel  with  said 
pipe.  All  wood  boxes  or  casings  inclosing  steam  or  hot  water  heat- 
ing pipes  and  all  wood  covers  to  recesses  in  walls  in  which  steam 
or  hot  water  heating  pipes  are  placed,  shall  be  lined  with  metal. 
All  pipes  or  ducts  used  to  convey  air  warmed  by  steam  or  hot  water 
shall  be  of  metal  or  other  fireproof  material.  All  steam  and  hot 
water  pipe  covering  shall  consist  of  fireproof  materials  only. 

§ 399.  Ranges  and  stoves. — 1.  Kitchen  ranges.  Where  a kitchen 
range  is  placed  from  12  to  6 inches  from  a wood  stud  partition,  the 
said  partition  shall  be  shielded  with  metal  from  the  floor  to  the 
height  of  not  less  than  3 feet  higher  than  the  range;  if  the  range  is 
within  6 inches  of  the  partition,  then  the  studs  shall  be  cut  away 
and  framed  3 feet  higher  and  1 foot  wider  than  the  range,  and  filled 
in  to  the  face  of  the  said  stud  partition  with  brick  or  fireproof  blocks, 
and  plastered  thereon.  All  ranges  on  wood  or  combustible  floors 
and  beams  that  are  not  supported  on  legs  and  have  ash  pans  3 inches 
or  more  above  their  base,  shall  be  set  on  suitable  brick  foundations, 
consisting  of  not  less  than  2 courses  of  brick  well  laid  in  mortar  on 
sheet  iron,  except  small  ranges  such  as  are  used  in  apartment  houses 
that  have  ash  pans  3 inches  or  more  above  their  base,  which  shall 
be  placed  on  at  least  1 course  of  brickwork  on  sheet  iron  or  cement. 
No  range  shall  be  placed  against  a furred  wall. 

2.  Hotel  or  restaurant  ranges.  All  lath  and  plaster  or  wood  ceilings 
over  all  large  ranges  and  ranges  in  hotels  and  restaurants,  shall  be 
guarded  by  metal  hoods  placed  at  least  9 inches  below  the  ceiling. 
A ventilating  pipe  connected  with  a hood  over  a range  shall  be  at 
least  9 inches  from  all  lath  and  plaster  or  woodwork,  and  shielded. 
If  the  pipe  is  less  than  9 inches  from  lath  and  plaster  and  woodwork, 
then  the  pipe  shall  be  covered  with  1 inch  of  asbestos  plaster  on 
wire  mesh.  No  ventilating  pipe  connected  with  a hood  over  a range 
shall  pass  through  any  floor. 


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103 


3.  Heating  stoves.  All  stoves  for  heating  purposes  shall  be  properly 
supported  on  iron  legs  resting  on  the  floor  3 feet  from  all  lath  and 
plaster  or  woodwork;  if  the  lath  and  plaster  or  woodwork  is  properly 
protected  by  a metal  shield,  then  the  distance  shall  be  not  less  than 
18  inches.  A metal  shield  shall  be  placed  under  and  12  inches  in 
front  of  the  ash  pan  of  all  stoves  that  are  placed  on  wood  floors. 

4.  Laundry  stoves.  Laundry  stoves  on  wood  or  combustible  floors 
shall  have  a course  of  bricks,  laid  on  metal,  oftt  the  floor  under  and 
extended  24  inches  on  all  sides  of  them. 

5.  Gas  stoves.  All  low  gas  stoves  shall  be  placed  on  iron  stands, 
or  the  burners  shall  be  at  least  6 inches  above  the  base  of  the  stoves, 
and  metal  guard  plates  placed  4 inches  below  the  burners,  and  all 
woodwork  under  them  shall  be  covered  with  metal. 

§ 400.  Drying  rooms. — All  walls,  ceilings  and  partitions  inclosing 
drying  rooms,  when  not  made  of  fireproof  material,  shall  be  wire- 
lathed  and  plastered,  or  covered  with  metal,  tile  or  other  hard  in- 
combustible material. 

§ 401.  Notice  to  be  given  of  changes  in  plants. — In  cases  where  hot 
water,  steam,  hot  air  or  other  heating  appliances  or  furnaces  are 
hereafter  placed  in  any  building,  or  flues  or  fireplaces  are  changed 
or  enlarged,  due  notice  shall  first  be  given  to  the  superintendent 
of  buildings  by  the  person  or  persons  placing  the  said  furnace  or 
furnaces  in  said  building,  or  by  the  contractor  or  superintendent 
of  said  work. 


ARTICLE  20 

CONSTRUCTION  ABOVE  ROOF 

Sec.  420.  Mansard  roofs. 

§ 421.  Roofing  and  leaders. 

§ 422.  Cornices  and  gutters. 

§ 423.  Bulkheads  and  scuttles. 

§ 424.  Staging  or  stands  on  roof. 

§ 425.  Sky-lights. 

§ 426.  Tanks. 

§ 420.  Mansard  roofs. — If  a mansard  or  other  roof  of  like  character 
having  a pitch  of  over  60  degrees  be  placed  on  any  building,  except 
a wood  building,  or  a dwelling  house  not  exceeding  3 stories  nor 
more  than  40  feet  in  height,  it  shall  be  constructed  of  iron  rafters 
and  lathed  with  iron  or  steel  on  the  inside  and  plastered,  or  filled  in 
with  fireproof  material  not  less  than  3 inches  thick,  and  covered 
with  metal,  slate  or  tile. 

§421.  Roofing  and  leaders. — 1.  Roofing.  The  planking  and  sheath- 
ing of  the  roofs  of  buildings  shall  not  in  any  case  be  extended  across 
the  side  or  party  wall  thereof.  Every  building  and  the  tops  and  sides 
of  every  dormer  window  thereon  shall  be  covered  and  roofed  with 
brick,  tile,  slate,  tin,  copper,  iron;  or  plastic  slate,  asphalt,  slag, 
or  gravel  may  be  used,  provided  such  roofing  shall  be  composecl 
of  not  less  than  5 layers  of  roofing  felt,  cemented  together  and  fin- 
ished with  not  less  than  10  gallons  of  coal  tar,  pitch  or  asphalt  to 
each  100  square  feet  of  roof,  or  such  other  quality  of  fireproof  roofing 


104  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

as  the  superintendent  of  buildings,  under  his  certificate,  may  au- 
thorize and  the  outside  of  the  frames  of  every  dormer  window  here- 
after placed  upon  any  building  shall  be  made  of  some  fireproof 
material.  No  wood  building  within  the  fire  limits  more  than  2 
stories  or  above  20  feet  in  height  above  the  curb  level  to  the  highest 
part  thereof,  which  shall  require  roofing,  shall  be  roofed  with  any 
other  roofing  or  covered  except  as  aforesaid.  Nothing  in  this  sec- 
tion shall  be  construed  to  prohibit  the  repairing  of  any  shingle  roof, 
provided  the  building  is  not  altered  in  height. 

2.  Leaders.  All  buildings  shall  be  kept  provided  with  proper 
metalhc  leaders  for  conducting  water  from  the  roofs  in  such  manner 
as  shall  protect  the  walls  and  foundations,  of  said  buildings  from 
injury.  In  no  case  shall  the  water  from  leaders  be  allowed  to  flow 
upon  the  sidewalk,  but  the  same  shall  be  conducted  by  pipe  or  pipes 
to  a sewer.  If  there  be  no  sewer  in  the  street  upon  which  such  build- 
ings front,  then  the  water  from  said  leader  shall  be  conducted  by 
proper  pipe  or  pipes,  below  the  surface  of  the  sidewalk  to  a street 
gutter. 

§ 422.  Cornices  and  gutters. — On  all  buildings  hereafter  erected 
within  the  fire  limits,  the  exterior  cornices,  inclusive  of  those  on 
show  windows,  and  gutters  shall  be  of  some  fireproof  material.  All 
fireproof  cornices  shall  be  well  secured  to  the  walls  with  iron  anchors, 
independent  of  any  woodwork.  In  all  cases  the  walls  shall  be  car- 
ried up  to  the  planking  of  the  roof.  Where  the  cornice  projects 
above  the  roof  the  walls  shall  be  carried  up  to  the  top  of  the  cornice. 
The  party  walls  shall  in  aU  cases  extend  up  above  the  planking  of 
the  cornice  and  be  coped.  All  exterior  wooden  cornices  that  may 
now  be  or  that  may  hereafter  become  unsafe  or  rotten  shall  be  taken 
down,  and  if  replaced,  shall  be  constructed  of  some  fireproof  material. 
All  exterior  cornices  of  wood  or  gutters  that  may  hereafter  be  dam- 
aged by  fire  to  the  extent  of  one-haK  shaU  be  taken  down,  and  if 
replaced  shall  be  constructed  of  some  fireproof  material;  but  if  not 
damaged  to  the  extent  of  one-haK,  the  same  may  be  repaired  with 
the  same  kind  of  material  of  which  they  were  originally  constructed. 

§ 423.  Bulkheads  and  scuttles. — Bulkheads  used  as  inclosures  for 
tanks  and  elevators,  and  coverings  for  the  machinery  of  elevators 
and  all  other  bulkheads,  including  the  bulkheads  of  all  dwelling 
houses  more  than  4 stories  in  height  hereafter  erected  or  altered,  may 
be  constructed  of  hollow  fireproof  blocks;  or  of  wood  covered  with 
not  less  than  2 inches  of  fireproof  material,  or  filled  in  the  thickness 
of  the  studding  with  such  material,  and  covered  on  all  outside  sur- 
faces with  metal,  including  both  surfaces  and  edges  of  doors.  All 
such  buildings  shall  have  scuttles  or  bulkheads  covered  with  some 
fireproof  materials,  with  ladders  or  stairs  leading  thereto,  and  easily 
accessible  to  all  occupants.  No  scuttle  shall  be  less  in  size  than  2 by 
3 feet. 

§ 424.  Staging  or  stands  on  roofs. — No  staging  or  stand  shall  be 
constructed  or  occupied  upon  the  roof  of  any  building  without  first 
obtaining  the  approval  of  the  superintendent  of  buildings. 

§ 425.  Skylights. — All  skylights  having  a superficial  area  of  more 
than  nine  square  feet,  placed  in  any  building,  shall  have  the  sashes 
and  frames  thereof  constructed  of  iron  and  glass.  Every  fireproof 
roof  hereafter  placed  on  any  building  shall  have,  besides  the  usual 


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105 


scuttle  or  bulkhead,  a skylight  or  skylights  of  a superficial  area  equal 
to  not  less  than  1-50  the  superficial  area  of  such  fireproof  roof.  Sky- 
lights hereafter  placed  in  public  buildings,  over  any  passageway  or 
room  of  public  resort,  shall  have  immediately  underneath  the  glass 
thereof  a wire  netting,  unless  the  glass  contains  a wire  netting  within 
itself. 

§ 426.  Tanks. — Tanks  containing  more  than  500  gallons  of  water 
or  other  fluid  hereafter  placed  in  any  story,  or  on  the  roof  or  above 
the  roof  of  any  building  now  or  hereafter  erected,  shall  be  supported 
on  iron  or  steel  beams  of  sufficient  strength  to  safely  carry  the  same; 
and  the  beams  shall  rest  at  both  their  ends  on  brick  walls  or  on  iron 
or  steel  girders  or  iron  or  steel  columns  or  piers  of  masonry.  Under- 
neath any  said  water  tank  or  on  the  side  near  the  bottom  of  the 
same,  there  shall  be  a short  pipe  or  outlet,  not  less  than  four  inches 
in  diameter,  fitted  with  a suitable  valve  having  a lever  or  wheel 
handle  to  same,  so  that  firemen  or  others  can  readily  discharge  the 
weight  of  the  fluid  contents  from  the  tank,  in  case  of  necessity.  Such 
tanks  shall  be  placed  where  practicable  at  one  corner  of  a building, 
and  shall  not  be  placed  over  nor  near  a line  of  stairs.  Covers  on  top 
of  water  tanks  placed  on  roofs,  if  of  wood,  shall  be  covered  with  tin. 


ARTICLE  21 

CONSTRUCTION  GENERALLY 

Sec.  440.  Appartment  houses  and  tenement  houses. 

§ 441.  Apartment  houses,  tenement  houses  and  dwellings. 

§ 442.  Cellars. 

§ 443.  Partitions. 

§ 444.  Studded-off  spaces  in  walls. 

§ 445.  Wainscoting. 

§ 446.  Floor  lights. 

§ 447.  Pipes. 

§ 448.  Gas  appliances. 

§ 449.  Bay,  oriel  and  show  windows. 

§ 450.  Areas. 

§ 451.  Vaults  under  sidewalks. 

Sec.  440.  Apartment  houses  and  tenement  houses. — 1.  Fireproofing 
lower  stories.  Every  non-fireproof  building  hereafter  erected  or 
altered  for  an  apartment  house  or  tenement  house,  5 stories  in  height, 
or  haying  a basement  and  4 stories  in  height  above  a cellar,  to  be 
occupied  by  1 or  more  families  on  any  floor  above  the  first  shall 
have  the  first  floor  above  the  cellar  or  lowest  story  constructed  fire- 
proof in  such  manner  as  required  in  § 352  of  this  chapter.  When  any 
such  non-fireproof  building  exceeding  5 stories  in  height  or  having  a 
basement  and  5 stories  in  height  above  a cellar  has  a store  on  the  first 
story,  the  entire  second  story  floor  shall  also  be  constructed  fireproof. 

2.  Inclosure  of  halls  and  stairs.  All  non-fireproof  apartment  houses 
and  tenement  houses  exceeding  5 stories  in  height,  or  having  a base- 
ment and  fiye  stories  in  height  above  a cellar,  shall  be  constructed  as 
in  this  section  before  described,  and  shall  also  have  the  halls  and 


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CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 


stairs  inclosed  with  12-irich  brick  walls.  Eight-inch  brick  walls  not 
exceeding  fifty  feet  in  their  vertical  measurement,  may  inclose  said 
halls  and  stairs,  and  be  used  as  bearing  walls  where  the  distance 
between  the  outside  bearing  walls  does  not  exceed  33  feet,  and  the 
area  between  the  said  brick  inclosure  walls  does  not  exceed  180 
superficial  feet. 

3.  Floors,  stairs  and  ceilings.  The  floors,  stairs  and  ceilings  in 
said  halls  and  stairways  shall  be  made  of  iron,  steel,  brick,  stone,  tile, 
cement  or  other  hard  incombustible  materials,  excepting  that  the 
flooring  and  sleepers  underneath  the  same  may  be  of  wood  and  the 
liandrails  of  the  stairs  may  be  of  hard  wood,  and  the  treads  may  be  of 
oak  not  less  than  P/g  inches  in  thickness,  provided  that  where  such 
wooden  treads  are  used  the  under  side  of  the  stairs  shall  be  entirely 
lathed  with  iron  or  wire  lath,  and  plastered  thereon,  or  covered  with 
metal.  At  least  one  flight  of  such  stairs  in  each  of  said  buildings  shall 
extend  to  the  roof,  and  be  inclosed  in  a bulkhead  built  of  fireproof 
materials.  The  said  halls  and  stairways  shall  have  a connecting 
fireproof  hallway  inclosed  with  suitable  walls  of  brick  or  such  other 
fireproof  materials,  including  the  ceiling  in  all  cases,  as  may  be  ap- 
proved by  the  superintendent  of  buildings,  in  the  first  story  and 
extend  to  the  street. 

§441.  Apartment  houses,  tenement  houses  and  dwellings. — 1.  Fire- 
proofed according  to  height.  No  non-fireproof  apartment  house, 
tenement  house  or  dwelling  house  shall  be  hereafter  erected  more 
than  6 stories  in  height,  nor  exceed  a height  of  75  feet,  unless  such 
building  has  both  the  first  and  second  story  floors  constructed  fire- 
proof, and  then  the  height  shall  not  be  more  than  7 stories  nor  exceed 
85  feet  in  height.  Fireproof  apartment  houses  or  tenement  houses, 
if  constructed  entirely  in  accordance  with  the  requirements  of  article 
17  of  this  chapter  for  fireproof  construction,  may  be  erected  to  a 
height  not  to  exceed  150  feet,  but  not  more  than  12  stories  in  height 
upon  all  streets  and  avenues  exceeding  79  feet  in  width,  and  125  feet, 
but  not  more  than  10  stories  in  height  upon  all  streets  and  avenues 
not  exceeding  79  feet  in  width,  but  any  such  building,  when  exceed- 
ing 100  feet  in  height,  shall  be  not  less  than  40  feet  in  width. 

2.  Fire-proof  stairways.  If  any  such  building  shall  have  a frontage 
exceeding  40  feet  and  exceeds  85  feet  in  height,  it  shall  have  at  least  2 
separate  fireproof  stairways  accessible  from  each  apartment,  leading 
from  the  ground  floor  to  the  roof,  one  of  which  shall  be  remote  from 
elevator  shafts.  The  stairs  from  the  cellar  or  lowest  story  to  the 
fireproof  floor  next  above,  when  placed  within  any  such  building, 
shall  be  located,  when  practicable,  to  the  rear  of  the  staircase  leading 
from  the  first  story  to  the  upper  stories  and  be  inclosed  with  brick  or 
stone  walls,  and  such  stairway  shall  be  provided  with  self-closing 
fireproof  doors  at  the  top  and  bottom  of  said  flight  of  stairs.  When 
such  stairway  is  placed  underneath  the  first  story  staircase,  it  shall  be 
constructed  fireproof  and  be  roofed  over  with  fireproof  material,  and 
be  also  inclosed  with  brick  walls,  with  self-closing  fireproof  doors  at 
the  top  and  bottom  of  said  flight  of  stairs.  When  the  stairs  from  the 
first  story  to  the  cellar  or  lowest  story  are  located  in  an  open  side 
court,  the  door  leading  thereto  from  the  first  story  may  be  placed 
underneath  the  staircase  in  the  first  story,  and  the  strings  and  rail- 
ings of  such  outside  stairs  shall  be  of  iron,  and,  if  the  stairs  be  in- 


BUILDING  CODK 


107 


closed  from  the  weather,  incombustible  material  only  shall  be  used 
for  that  purpose.  No  closet  shall  be  constructed  underneath  the 
first  story  staircase,  but  the  space  thereunder  shall  be  left  entirely 
open  and  kept  free  from  incumbrance;  but  this  shall  not  prohibit  the 
inclosing  without  openings  the  under  portions  of  the  staircase  from 
the  foot  of  the  same  to  a point  where  the  height  from  the  floor  line 
to  the  soffit  of  the  staircase  shall  not  exceed  5 feet. 

§ 442.  Cellars. — 1.  Ceilings.  The  ceiling  over  every  cellar  or  lowest 
floor  in  every  residence  building  more  than  4 stories  in  height, 
hereafter  erected,  when  the  beams  are  of  wood,  shall  be  lathed  with 
iron  or  wire  lath  and  plastered  thereon  with  2 coats  of  brown  mortar 
of  good  materials,  or  such  other  fireproof  covering  as  may  be  ap- 
proved by  the  superintendent  of  buildings. 

2.  Floors.  The  floor  of  the  cellar  or  lowest  story  in  every  dwelling 
house,  apartment  house,  tenement  house,  lodging  house,  hotel,  work- 
shop, factory,  school,  church,  hospital  and  asylum  hereafter  erected, 
shall  be  concreted  not  less  than  4 inches  thick.  Where  wood  floors 
are  to  be  laid  in  such  cellars  or  lowest  stories,  the  sleepers  shall 
be  placed  on  top  of  the  concrete. 

3.  Sewer  connection.  Before  the  walls  of  buildings  are  carried 
up  above  the  foundation  walls  the  cellar  shall  be  connected  with  the 
street  sewers.  Should  there  be  no  sewer  in  the  street,  or  if  the  cellars 
are  below  water  level,  or  below  the  sewer  level,  then  provision  shall 
be  made  by  the  owner  to  prevent  water  accumulating  in  the  cellars 
to  the  injury  of  the  foundations. 

§ 443.  Partitions. — In  residence  buildings,  where  fore-and-aft 
stud  partitions  rest  directly  over  each  other,  they  shall  run  down 
between  the  wood  floor  beams  and  rest  on  the  top  plate  of  the  par- 
tition below,  and  shall  have  the  studding  filled  in  solid  between  the 
uprights  to  the  depth  of  the  floor  beams  with  suitable  incombustible 
materials. 

§ 444.  Studded-off  spaces  in  walls. — Where  walls  are  studded-off, 
the  space  between  the  inside  face  of  the  wall  and  the  studding  shall  be 
fire-stopped  with  fireproof  material  placed  on  the  under  side  of  the 
wood  beams  above,  for  a depth  of  not  less  than  4 inches,  and  be 
securely  supported;  or  the  beams  directly  over  the  studded-off  space 
shall  be  defended  with  not  less  than  4 inches  of  fireproof  material, 
which  may  be  laid  on  boards  cut  in  between  the  beams. 

§ 445.  Wainscoting. — When  wainscoting  is  used  in  any  building 
hereafter  erected,  the  surface  of  the  wall  or  partition  behind  such 
wainscoting  shall  be  plastered  flush  with  the  grounds  and  down 
to  the  floor  line. 

§ 446.  Floor  lights. — Floor  lights,  used  for  transmission  of  light 
to  floors  below,  shall  be  constructed  of  metal  frames  and  bars  or 
plates,  and  if  any  glass  in  same  measures  more  than  16  square  inches, 
the  glass  shall  be  provided  with  a mesh  of  wire  either  in  the  glass 
or  under  the  same,  and  the  floor  lights  shall  be  of  the  same  propor- 
tional strength  as  the  floors  in  which  they  are  placed. 

§ 447.  Pipes. — 1.  Installation.  No  gas,  water  or  other  pipe 
which  may  be  introduced  into  any  building  shall  be  let  into  beams 
unless  the  same  be  placed  within  36  inches  of  the  end  of  the  beam 
and  in  no  building  shall  a pipe  be  let  into  a beam  more  than  2 inches 
in  depth.  All  such  pipes  shall  be  installed  in  accordance  with  the 


108 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


rules  and  regulations  prescribed  by  the  superintendent  of  build- 
ings. 

2.  Protection  of  ducts.  All  ducts  for  pipes,  wires,  and  other  similar 
purposes  shall  be  inclosed  on  all  sides  with  fireproof  material,  and 
the  opening  through  each  floor  shall  be  properly  fire-stopped. 

§ 448.  Gas  appliances. — All  piping  for  gas  supply  shall  be  installed 
as  prescribed  in  § 603  of  this  chapter.  All  gas  brackets  shall  be 
placed  at  least  three  feet  below  any  ceiling  or  woodwork,  unless 
the  same  is  properly  protected  by  a shield;  in  which  case  the  distance 
shall  be  not  less  than  18  inches.  No  swinging  or  folding  gas  bracket 
shall  be  placed  against  any  stud  partition  or  woodwork.  No  gas 
bracket  on  any  lath  and  plaster  partition  or  woodwork  shall  be  less 
than  5 inches  in  length,  measured  from  the  burner  to  the  plaster 
surface  or  woodwork.  Gashghts  placed  near  window  curtains  or 
any  other  combustible  material  shall  be  protected  by  a proper  shield. 

§ 449.  Bay,  oriel  and  show  windows. — Bay  windows,  oriel  windows 
and  show  windows  on  the  street  front  or  side  of  any  building  may 
project  not  more  than  1 foot  beyond  the  building  line  and  shall  be 
constructed  of  such  materials  and  in  such  manner  as  will  meet  with 
the  approval  of  the  superintendent  of  buildings.  Any  such  window 
that  does  not  extend  more  than  3 feet  above  the  second-story  floor 
of  any  dwelhng  house  may  be  built  of  wood  covered  with  metal. 

§ 450.  Areas. — All  areas  shall  be  properly  protected  with  suitable 
railings  or  covered  over.  When  areas  are  covered  over,  iron  and 
glass,  combined,  stone  or  other  incombustible  materials  shall  be 
used  and  supported  on  brick  or  stone  walls,  or  on  iron  or  steel  beams. 

See  notes  to  areas  in  Chapter  23,  Streets. 

§ 451.  Vaults  under  sidewalks.  In  buildings  where  the  space 
under  the  sidewalk  is  utilized,  a sufficient  stone  or  brick  wall,  or 
brick  arches  between  iron  or  steel  beams,  shall  be  built  to  retain  the 
roadway  of  the  street,  and  the  side  end  or  party  walls  of  such  build- 
ing shall  extend  under  the  sidewalk  of  sufficient  thickness,  to  such 
wall.  The  roofs  of  all  vaults  shall  be  of  incombustible  material. 
Openings  in  the  roofs  of  vaults  for  the  admission  of  coal  or  light, 
or  for  manholes,  or  for  any  other  purposes,  if  placed  outside  the 
area  line,  shall  be  covered  with  glass  set  in  iron  frames,  each  glass 
to  measure  not  more  than  16  square  inches,  or  with  iron  covers 
having  a rough  surface,  and  rabbeted  flush  with  the  sidewalk. 
When  any  such  cover  is  placed  in  any  sidewalk,  it  shall  be  placed 
as  near  as  practicable  to  the  outside  hne  of  the  curb.  All  vaults 
shall  be  thoroughly  ventilated. 

See  chapter  23,  Streets,  for  other  provisions  on  vaults. 


ARTICLE  22 

FRAME  CONSTRUCTION 

Sec.  470.  Frame  structures  within  the  fire  limits. 

§ 471.  Construction  of  buildings,  outside  of  fire  limits. 

§ 472.  Buildings  in  undeveloped  sections. 

§ 470.  Frame  structures  within  the  fire  limits. — 1.  Application. 
The  provisions,  in  this  section  contained,  shall  apply  to  buildings 


BUILDING  CODE 


109 


and  structures,  whether  temporary  or  permanent,  within  the  fire 
limits,  as  the  said  fire  limits  now  are  or  may  hereafter  be  established. 

2.  Temporary  structures.  Temporary  structures  shall  be  taken  to 
mean  and  include  platforms,  stands,  election  booths,  temporary 
buildings  and  circus  tents. 

3.  Fences, 

Before  the  erection  of  any  fence  shall  have  been  commenced,  a 
permit  for  the  erection  of  the  same  shall  be  obtained  from  the  super- 
intendent of  buildings  having  jurisdiction,  as  provided  in  § 3 of  this 
chapter.  Each  application  for  the  erection  of  any  fence  shall  be  ac- 
companied by  a written  consent  of  the  owner  or  owners,  or  the  lessee 
or  lessees  of  the  property  upon  which  it  is  to  be  erected.  Fences 
shall  not  be  at  any  point  over  10  feet  above  the  adjoining  ground; 
except  that  when  any  fence  shall  be  constructed  entirely  of  metal 
or  of  wood  covered  on  all  sides  with  sheet  metal,  including  the  up- 
rights, supports  and  braces  for  same,  it  shall  not  be  at  any  point 
over  18  feet  6 inches  above  the  adjoining  ground.  All  fences  shall 
be  erected  entirely  within  the  building  line,  and  be  properly  secured, 
supported  and  braced,  and  shall  be  so  constructed  as  not  to  be  or 
become  dangerous. 

4.  Piazzas,  balconies  and  hay  windows.  Piazzas  or  balconies  of 
wood  on  buildings  other  than  frame  buildings  which  do  not  exceed 
8 feet  in  width,  and  which  do  not  extend  more  than  3 feet  above 
the  second  story  beams,  may  be  erected,  provided  a permit  from 
the  superintendent  of  buildings  be  granted  therefor.  In  connected 
houses,  such  piazzas  or  balconies  may  be  built,  provided  the  same  are 
open  on  the  front  and  have  brick  ends  not  less  than  8 inches  thick, 
carried  up  above  the  roof  of  such  piazza  or  balcony,  and  coped  with 
stone.  The  roofs  of  all  piazzas  shall  be  covered  with  some  fireproof 
materials.  Frame  buildings  already  erected  may  have  placed  on 
any  story  piazzas,  balconies,  or  bay  windows  of  wood  the  roofs  of 
which  may  be  covered  with  the  same  material  as  the  roof  of  the 
main  building. 

5.  Outhouses.  Exterior  privies,  and  wood  or  coal  houses,  not 
exceeding  150  square  feet  in  superficial  area  and  8 feet  high,  may  be 
built  of  wood,  but  the  roofs  thereof  must  be  covered  with  metal, 
gravel  or  slate. 

6.  Sheds.  Sheds  of  wood  not  over  15  feet  high,  open  on  at  least 
one  side,  with  the  sides  and  roof  covered  with  fireproof  material, 
may  also  be  built,  but  a fence  shall  not  be  used  as  the  back  or  side 
thereof.  Such  sheds  shall  not  cover  an  area  exceeding  2,500,  except 
by  permission  of  the  superintendent  of  buildings. 

7.  Temporary  one-story  frame  buildings  may  be  erected  for  the 
use  of  builders,  within  the  limits  of  lots  whereon  buildings  are  in 
course  of  erection,  or  on  adjoining  vacant  lots,  upon  permits  issued 
by  the  superintendent  of  buildings. 

This  section  must  be  applied  in  connection  with  Article  16,  chapter  23,  regulating 
signs  and  showbills.  It  is  derived  in  part  from  B.  C.,  § 144  and  the  following  cases 
applied  to  the  law  as  it  then  existed: 

A permit  cannot  be  granted  to  one  citizen  to  do  that  which  would  be  penal  in 
another.  City  of  Brooklyn  v.  Furey,  9 Misc.  192.  A charter  provision  granting 
a city  power  to  regulate  height  of  bill-boards,  held  to  be  within  police  power.  City 
of  Rochester  v.  West,  164  N.  Y.  510;  Gunning  v.  City  of  Buffalo,  75  App.  Div.  31. 
Must  have  permit  to  erect  a sky  sign.  Matter  of  City  of  N.  Y.,  122  App.  Div.  741 ; 
Kobbe  Co.  v.  City  of  N.  Y.,  122  App.  Div.  755;  City  of  N.  Y.  v.  Wineburgh,  122 


1 10  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

App.  Div.  748;  City  of  N.  Y.  v.  Wineburgh,  124  App.  Div.  641.  Ordinances  reg- 
ulating height  of  sky  signs  are  unauthorized  unless  passed  under  police  power. 
People  ex  rel.  Wineburgh  Adv.  Co.  v.  Murphy,  195  N.  Y.  126,  affg.  129  App.  Div. 
260.  As  to  bill-boards  on  sidewalks,  see  Sullivan  Adv.  Co.  v.  City  of  N,  Y.,  61 
Misc.  425. 

This  was  later  amended.  , Bill-board  restrictions  are  reasonable  and  valid  exer- 
cise of  police  power.  People  ex  rel.  Van  Buren  v.  Miller,  161  App.  Div.  138. 

§471.  Construction  of  buildings,  outside  of  fire  limits. — 1.  Aj) pli- 
cation of  section.  The  provisions  of  this  section  shall  apply  to  frame 
or  other  buildings  hereafter  erected  outside  of  the  fire  limits,  as  the 
same  are  now  or  may  hereafter  be  established,  in  portions  of  the 
city  where  streets  are  now  and  where  they  may  hereafter  be  legally 
established. 

2.  Height.  Three-story  frame  buildings  may  be  erected  to  a height 
of  40  feet,  said  height  being  taken  from  the  curb-line,  where  same 
exits,  at  the  centre  of  front  or  side  of  building  on  which  main  en- 
trance to  upper  Boors  is  located.  Where  the  walls  of  a building  do 
not  adjoin  the  street  or  building  line  then  the  average  level  of  the 
ground  on  which  the  building  stands  may  be  taken  in  place  of  the 
curb-line.  The  measurement  for  height  shall  be  to  the  highest 
point  of  roof  beams  in  case  of  flat  roof  buildings,  and  to  the  average 
height  of  gable  or  roof  in  case  of  pitched  roofs.  Towers,  turrets  and 
minarets  of  wood  may  be  erected  to  a height  not  to  exceed  15  feet 
greater  than  the  foregoing  limited  height,  except  that  the  spires  of 
churches  may  be  erected  of  wood  to  a height  not  exceeding  90  feet 
from  the  ground. 

3.  Footings.  All  footings  or  bottom  stones  shall  be  at  least  6 inches 
wider  on  each  side  than  bottom  width  of  foundation  walls  above, 
except  where  the  outside  of  the  foundation  wall  sets  on  the  prop- 
erty line,  in  which  case  6 inches  wider  on  the  inside  shall  be  sufficient. 
The  thickness  of  footings  shall  be  not  less  than  8 inches,  if  of  stone, 
and  not  less  than  12  inches  if  of  concrete. 

4.  Foundations.  Foundations  for  frame  structures  shall  be  laid 
not  less  than  4 feet  below  the  finished  surface  of  the  earth  or  upon 
the  surface  where  there  is  rock  bottom,  or  upon  piles  or  ranging 
timbers  where  found  necessary.  The  foundation  walls  of  frame 
structures  exceeding  15  feet  in  height,  if  of  stone,  shall  be  not  less 
than  18  inches  thick,  and  if  of  brick  not  less  than  12  inches  to  the 
grade  and  8 inches  thick  to  the  under  side  of  the  sill. 

5.  Walls.  If  the  foundation  and  first  story  walls  are  constructed 
of  brick  the  foundation  walls  shall  be  not  less  than  12  inches  thick  to 
the  first  tier  of  beams  and  8 inches  thick  from  first  tier  to  second  tier 
of  beams;  or  if  these  walls  are  constructed  of  stone  they  shall  be  not 
less  than  20  inches  for  the  foundation  wall  and  18  inches  for  the 
first  story  wall;  and  if  the  walls  are  faced  with  stone  ashlar  the  total 
thickness  shall  be  4 inches  greater  than  in  this  section  specified. 
In  the  foundation  walls  there  may  be  recesses  not  more  than  8 feet 
long  for  stairs,  with  brick  walls  not  less  than  8 inches  thick.  Out- 
side of  the  fire  limits,  when  any  brick  or  stone  building  is  to  be 
erected  of  a class  that  could,  under  this  chapter  be  constructed 
of  wood,  the  superintendent  of  buildings  is  hereby  authorized  and 
directed  to  allow  reasonable  modifications  of  this  chapter  relating  to 
brick  buildings,  in  consideration  of  incombustible  material  being 
used  for  walls  instead  of  wood. 


BUILDING  CODE 


111 


6.  Chimneys  and  flues.  All  chimneys  in  frame  buildings  shall 
be  built  of  brick  or  stone  or  other  fireproof  material.  If  of  brick 
the  flues  shall  have  walls  at  least  8 inches  thick,  except  where  flues 
are  lined  with  burnt-clay  pipe,  in  which  case  the  walls  around  flues 
may  be  4 inches  thick.  All  flue  linings  shall  extend  at  least  1 foot 
above  the  roof  boards.  Where  chimneys  are  built  of  stone  the  walls 
of  the  flues  shall  be  not  less  than  8 inches  on  all  sides,  and  shall  be 
lined  with  burnt-clay  pipe.  All  chimneys  shall  be  topped  out  at 
least  4 feet  above  the  highest  point  of  contact  with  the  roof,  and 
be  properly  capped.  Chimneys  in  party  walls  or  serving  2 rooms  on 
the  same  floor  may  be  built  in  the  walls  or  partitions;  elsewhere, 
they  shall  be  built  inside  of  the  frame,  except  in  the  case  of  orna- 
mental or  exposed  chimneys. 

7.  Fire  sto'pjring.  In  no  case  shall  a frame  building  be  erected 
within  3 feet  of  the  side  or  rear  line  of  a lot,  unless  the  space  between 
the  studs  on  any  such  side  be  filled  in  solidly  with  not  less  than  2K 
inches  of  brickwork  or  other  fireproof  material.  When  2 or  more 
such  buildings  are  built  continuous,  the  party  or  division  studding 
shall  be  not  less  than  4 inches  thick  and  filled  solidly  with  brick- 
work or  other  fireproof  material  extending  to  the  under  side  of  roof 
boards.  When  the  division  walls  are  of  brick  they  shall  be  not  less 
than  8 inches  thick  above  the  foundation  wall  and  extending  to  under 
side  of  roof  boards,  and  the  ends  of  the  floor  beams  shall  be  so  sep- 
arated that  4 inches  of  brick  will  be  between  the  beams  where  they 
rest  on  said  walls. 

8.  Frame  work.  The  sills  of  all  frame  dwellings,  except  where 
the  first  floor  is  used  for  store  or  business  purposes,  shall  be  not 
less  than  2 feet  above  the  ground  to  the  under  side  of  same.  All 
frame  or  wood  buildings  exceeding  a height  of  15  feet  shall  be  built 
with  sills,  posts,  girts,  plates  and  rafters,  all  of  suitable  size  and 
properly  framed  and  braced  with  suitable  stud  or  planks  set  at 
proper  distance  apart;  but  this  shall  not  prohibit  the  use  of  balloon 
framing.  The  floor  beams  and  rafters  shall  be  not  less  than  2 inches 
in  thickness. 

9.  Rooflng.  The  covering  of  the  roof  may  be  of  shingle. 

10.  Shafts.  The  walls  of  light  and  vent  shafts,  whether  exterior 
or  interior,  in  frame  buildings,  may  be  constructed  of  frame. 

11.  Cellar  work.  Posts  of  locust  or  other  hard  wood  and  wood 
girders  may  be  used  instead  of  brick  fore-and-aft  partitions  in  cellars 
of  frame  buildings,  and  it  shall  not  be  necessary  to  use  metal  or 
wire  lath  for  the  ceilings  of  cellars  or  lowest  floors  of  any  frame  build- 
ing. The  cellar  stairs  in  frame  buildings  may  be  placed  directh' 
under  main  stairs,  and  no  brick  wall  shall  be  necessary  to  inclose 
the  same;  nor  shall  areas  be  required  to  be  built  across  the  front 
of  frame  buildings  except  where  the  cellar  or  basement  is  used  for 
living  purposes. 

12.  Plumbing,  drainage  and  heating.  The  regulations  governing 
plumbing,  drainage  and  heating,  also  steam  and  hot-air  pipes  and 
registers,  where  the  same  extend  through  or  along  stud  partitions, 
shall  also  apply  to  frame  buildings. 

13.  Alterations,  repairs,  etc.  Frame  buildings  may  be  altered, 
extended,  raised  or  repaired,  provided  the  new  portions  comply 
with  the  provisions  of  this  section. 


112  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

14.  Occupancy.  No  frame  building  exceeding  3 stories  in  height 
shall  hereafter  be  erected  to  be  occupied  by  more  than  3 families, 
nor  shall  any  frame  building  already  erected  be  altered  to  be  oc- 
cupied by  more  than  4 families,  nor  more  than  3 stories  in  height. 

§ 472.  Buildings  in  undeveloped  sections. — Within  sections  of  the 
city  where  streets  have  not  been  or  are  not  legally  established  and 
are  outside  of  the  prescribed  fire  limits  or  suburban  limits,  as  defined 
in  article  5 of  this  chapter,  no  building  or  structure  other  than  small 
outhouses  shall  be  erected  without  first  filing  plans  and  a detailed 
statement  of  the  proposed  construction  and  obtaining  an  approval 
therefor,  as  provided  in  § 3 of  this  chapter.  Within  such  sections 
of  the  city,  hotels,  tenement  houses  for  occupancy  by  not  more  than 
4 families,  and  places  of  public  assembly  may  be  built  of  wood,  but 
shall  in  all  other  respects  comply  with  the  several  provisions  of 
this  chapter,  relating  to  such  structures;  but  for  all  other  buildings 
or  structures  only  so  much  of  the  requirements,  regulations  and 
restrictions  of  this  chapter  shall  apply  as  in  the  opinion  of  the  super- 
intendent of  buildings  may  be  necessary  for  safety  and  health. 
The  purpose  of  this  section  is  to  permit  greater  freedom  in  construc- 
tion and  in  plumbing  and  drainage  of  buildings  in  the  outlying  and 
undeveloped  sections  of  the  city  than  in  those  sections  for  which  a 
street  system  has  been  adopted  by  the  municipality  or  established 
by  law. 


ARTICLE  23 

BUILDINGS  OF  A PUBLIC  CHARACTER 

Sec.  490.  Public  safety. 

§ 491.  Aisles  and  passageways. 

§ 492.  Enforcement  of  article. 

§ 493.  Exemptions. 

Sec.  490.  Public  safety. — In  all  buildings  of  a public  character, 
such  as  hotels,  churches,  theatres,  restaurants,  railroad  depots,  public 
halls,  and  other  buildings  used  or  intended  to  be  used  for  purposes  of 
public  assembly,  amusement  or  instruction,  and  including  depart- 
ment stores  and  other  business  and  manufacturing  buildings  where 
large  numbers  of  people  are  congregated,  the  halls,  doors,  stairways, 
seats,  passageway  and  aisles,  and  all  lighting  and  heating  appliances 
and  apparatus  shall  be  arranged  as  the  superintendent  of  buildings 
shall  direct,  to  facilitate  egress  in  cases  of  fire  or  accident,  and  to 
afford  the  requisite  and  proper  accommodation  for  the  public  pro- 
tection in  such  cases.  (See  Article  25  infra.) 

§ 491.  Aisles  and  passageways. — All  aisles  and  passageways  in  said 
buildings  shall  be  kept  free  from  camp  stools,  chairs,  sofas  and  other 
obstructions,  and  no  person  shall  be  allowed  to  stand  in  or  occupy 
any  of  said  aisles  or  passageways  during  any  performance,  service, 
exhibition,  lecture,  concert,  ball  or  any  public  assemblage. 

(B.  C.,  sec.  108,  rev.  from  L.  1882,  ch.  410,  § 499,  as  amend.  Ord.  Dec.  19, 1911.) 

This  section  must  be  literally  construed.  It  is  not  necessary,  in  order  to  recover 
the  penalty  from  the  manager,  to  prove  that  he  personally  knew  of  the  violation, 
as  he  is  held  responsible  for  the  acts  of  his  servants.  If  any  one  stood  or  obstructed 


BUILDING  CODE 


113 


an  aisle  or  passageway,  the  manager  is  guilty.  Fire  Dept.  v.  Stetson,  14  Daly 
125;  Fire  Dept.  v.  Hill,  14  N.  Y.  Supp.  158.  But  where  there  are  people  standing 
in  vacant  space  which  is  not  used  for  either  an  aisle  or  a passageway,  the  statute  is 
not  violated.  Sturgis  v.  Grau,  39  Misc.  Rep.  330.  “Aisle,”  in  the  s^tute,  means 
aisle  of  a theatre  as  built  and  actually  used.  Sturgis  v.  Coleman,  38  Misc.  302. 

See  also  chapter  3,  Amusements  and  Exhibitions,  chapter  12,  article  2,  Fire  Pre- 
vention. 

§ 492.  Enforcement  of  article. — The  superintendent  of  buildings 
may  at  any  time  serve  a written  or  printed  notice  upon  the  owner, 
lessee  or  manager  of  any  of  said  buildings,  directing  any  act  or  thing 
to  be  done  or  provided  in  or  about  the  said  buildings  and  the  several 
appliances  therewith  connected,  such  as  halls,  doors,  stairs,  windows, 
seats,  aisles,  fire  walls,  fire  apparatus  and  fire-escapes,  as  he  may  deem 
necessary. 

§ 493.  Exemptions. — Nothing  herein  contained  shall  be  construed 
to  authorize  or  require  any  other  alterations  to  theatres  existing 
prior  to  June  9, 1885,  than  are  specified  in  this  article. 


ARTICLE  24 

MOTION  PICTURE  THEATRES 

Sec.  500.  Plans. 

§ 501.  Restrictions. 

§ 502.  Construction. 

§ 503.  Means  of  egress. 

§ 504.  Booth  for  projecting-machine  and  film. 

§ 505.  Application  to  existing  theatres. 

§ 506.  Open-air  motion-picture  theatres. 

Sec.  500.  Plans. — Before  the  erection,  construction,  or  alteration 
of  a building  or  part  thereof,  to  be  used  as  a motion-picture  theatre, 
as  defined  in  § 30  of  chapter  3 of  this  ordinance,  there  must  be  filed 
with  the  appropriate  superintendent  of  buildings  complete  plans  and 
the  detailed  statement  of  the  specifications  therefor,  required  by 
§ 3 of  this  chapter.  The  plans  must  show  clearly  and  fully  the  loca- 
tion and  width  of  all  aisles,  passageways,  exits,  stairways  and  fire 
escapes;  the  arrangement  of  seats;  the  size  of  floor  beams,  walls  and 
supports;  the  location  and  construction  of  the  enclosure  for  the 
motion-picture  machinery  and  other  apparatus;  a diagram  of  the 
lot  or  plot  upon  which  the  theatre  is  to  be  erected  or  constructed, 
showing  the  outlets  from  all  exits,  and  also  such  other  statements, 
plans  and  details  as  may  be  required  by  the  superintendent  of  build- 
ings having  jurisdiction. 

See  Chapter  3,  Article  2,  Motion  Picture  Exhibitions;  Art.  23,  ante.  Buildings 
of  a public  character;  Chapter  12,  Art.  2,  Fire  Prevention. 

§ 501.  Restrictions. — No  motion  picture  theatre,  as  defined  afore- 
said, shall  be  constructed  in  a frame  building  within  the  fire  limits, 
nor  in  a hotel,  tenement  house  or  lodging  house,  nor  in  a factory  or 
workshop,  except  where  the  theatre  is  separated  from  the  rest  of  the 
building  by  unpierced  fire  walls  and  floors,  and  in  no  case  shall  such  a 
theatre  be  constructed  or  operated  above  or  below  the  ground  floor 
of  any  building. 

§ 502.  Construction. — In  all  motion-picture  theatres,  as  defined 
8 


114 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


aforesaid,  to  be  hereafter  constructed,  the  following  requirements 
shall  be  complied  with,  namely: 

1.  Ceilings.  The  ceilings  of  all  theatres  and  of  all  rooms  used  in 
connection  therewith  shall  be  plastered  with  3 coats  of  first  class 
plaster  on  wire  mesh  or  metal  lath,  or  covered  with  3^-inch  plaster 
boards,  and  plastered  or  covered  with  metal.  If  there  be  a basement 
or  cellar,  the  ceiling  under  the  floor  of  the  theatre  must  be  plastered 
with  3 coats  of  first  class  plaster  on  wire  mesh  or  expanded  metal  lath, 
or  may  be  covered  with  metal  on  3^inch  plaster  boards. 

2.  Floor-loads.  The  flooring  of  that  portion  of  the  building  de- 
voted to  the  uses  or  accommodation  of  the  public  must  be  of  suffi- 
cient strength  to  bear  safely  a live  load  of  90  pounds  per  square 
foot. 

3.  Galleries  and  stairways.  A gallery  may  be  permitted,  except  in 
a theatre  constructed  on  a lot  less  than  20  feet  in  width,  but  it  shall 
not  include  more  than  25  per  cent,  of  the  total  seating  capacity  of  the 
theatre.  Entrance  to  and  exit  from  the  gallery  shall  in  no  case  lead 
to  the  main  floor  of  the  theatre,  and  the  gallery  shall  be  provided 
with  a stairway  or  stairways  equipped  with  handrails  on  both  sides. 
Stairways  over  7 feet  wide  shall  be  provided  with  centre  handrails. 
The  risers  of  the  stairways  shall  not  exceed  7%  inches,  and  the 
treads,  excluding  nosings,  shall  not  be  less  than  93^  inches.  There 
shall  be  no  circular  or  winding  stairways.  The  total  width  of  the 
stairways  shall  not  be  less  than  8 feet  in  the  clear  where  the  gallery 
accommodates  150  people;  for  every  50  people  less  than  150,  accom- 
modated by  the  gallery,  said  width  may  be  reduced  1 foot.  Stair- 
ways shall  be  constructed  of  fireproof  material,  and  such  material 
and  the  bearing  capacity  of  such  stairways  shall  be  approved  by  the 
bureau  of  buildings. 

4.  Gradients.  To  overcome  any  difference  of  level  between  corri- 
dors, lobbies  and  aisles  in  a theatre,  gradients  of  not  over  1 foot  in 
10  feet,  or  steps  having  a rise  not  over  8 inches  and  a width  of  not 
less  than  10  inches  shall  be  used. 

5.  Walls.  If  the  walls  of  the  theatre  contain  wooden  studs  they 
shall  be  covered  either  with  expanded  metal  lath  or  wire  mesh  and 
plastered  with  3 coats  of  first  class  plaster,  or  with  metal  on  34 
inch  plaster  boards,  and  all  joints  shall  be  properly  filled  with 
mortar. 

§ 503.  Means  of  egress. — 1.  Aisles.  All  aisles  in  a motion  picture 
theatre  or  in  a gallery  thereof  must  be  at  least  3 feet  in  the  clear. 

2.  Chair  space.  All  chairs  in  such  a theatre,  except  those  con- 
tained in  the  boxes,  must  not  be  less  than  32  inches  from  back  to 
back  and  must  be  firmly  secured  to  the  floor;  no  seat  shall  have 
more  than  7 seats  intervening  between  it  and  an  aisle,  and  the  space 
occupied  by  each  person  shall  be  separated  from  the  adjoining  space 
by  means  of  an  arm  or  other  suitable  device. 

3.  Exits.  A building  to  be  erected  or  to  be  altered  for  use  as  a 
motion  picture  theatre  must  be  provided,  on  the  main  floor  thereof, 
with  at  least  2 separate  exits,  one  of  which  shall  be  in  the  front  and 
the  other  in  the  rear  of  the  structure  and  both  leading  to  unobstructed 
outlets  to  the  street.  Where  the  main  floor  of  the  theatre  accom- 
modates more  than  300  people,  there  shall  be  at  least  3 such  exits, 
the  aggregate  width  in  feet  of  which  shall  not  be  less  than  one- 


BUILDING  CODE 


Ilo 


twentieth  of  the  number  of  persons  to  be  accommodated  therein. 
No  exit  shall  be  less  than  5 feet  in  width,  and  there  shall  be  a main 
exit,  not  less  than  10  feet  in  total  width.  All  exit  doors  must  be 
fire-proof  and  made  to  open  outwardly,  and  be  so  arranged  as  not  to 
obstruct  the  required  width  of  exit  or  court  when  opened.  All  doors 
leading  to  fire  escapes  must  be  not  less  than  40  inches  wide  in  the 
clear,  and  shall  be  located  at  the  opposite  side  or  end  of  the  gallery 
from  other  exit  doors. 

4.  Exit-passageivay  to  street.  In  any  such  building,  if  an  unob- 
structed exit  to  a street  cannot  be  provided  at  the  rear  thereof  as 
herein  specified,  either  an  open  court  or  a fireproof  passageway  or 
corridor  must  be  provided,  extending  from  the  rear  exit  to  the  street 
front  at  least  4 feet  in  the  clear  for  theatres  accommodating  100 
persons  or  less;  the  width  to  be  increased  8 inches  for  every  additional 
100  persons  to  be  accommodated.  Such  passageway  or  corridor 
must  be  constructed  of  fire-proof  material  and  be  at  least  10  feet 
high  in  the  clear.  The  walls  forming  such  passageway  or  corridor 
must  be  at  least  8 inches  thick,  and  shall  be  constructed  of  brick  or 
other  approved  fireproof  material.  If  there  be  a basement,  the  wall 
on  the  auditorium  side  should  either  run  1 foot  below  the  cellar 
bottom,  or  may  be  carried  in  the  cellar  on  iron  columns  and  girders 
below  the  cellar  bottom,  or  on  iron  columns  or  girders  properly 
fireproofed,  according  to  § 350  of  this  chapter.  The  ceiling  of  such 
passageway  must  be  constructed  as  required  by  § 352  of  this  chapter. 
If  unobstructed  rear  exits  or  exits  to  a street  are  provided,  they  must 
be  of  the  same  total  width  required  for  the  court,  passageway  or 
corridor  above  mentioned.  The  level  of  the  open  court  or  passage- 
way at  the  front  of  the  building  shall  not  be  greater  than  1 step  above 
the  level  of  the  sidewalk,  and  the  grade  shall  not  be  more  than  1 
foot  in  10,  with  no  perpendicular  risers. 

5.  Fire-escapes.  Galleries  must  also  be  provided  with  at  least 
one  line  of  fire  escapes  leading  to  an  open  court,  fireproof  passage 
or  street  without  re-entering  the  same  or  any  other  building.  If  the 
fire  escape  leads  to  a point  in  the  court  nearer  the  street  than  any 
exit,  there  must  be  a width  of  not  less  than  4 feet  in  the  clear  be- 
tween the  outer  edge  of  the  fire  escape  and  the  outer  wall  of  the  court. 
All  fire  escapes  must  have  balconies,  not  less  than  3 feet  4 inches  in 
width  in  the  clear,  and  not  less  than  4 feet  6 inches  long  and  from 
said  balconies  there  shall  be  stair-cases  extending  to  the  ground  level, 
with  a rise  of  not  over  1%  inches  and  a step  of  not  less  than 
inches,  and  the  width  of  the  stairs  must  not  be  less  than  3 feet  4 
inches.  [Original  misprint  rearranged  by  editor  to  conform  to  C.  O. 
§ 352  D,  subd.  4,  5,  from  which  this  section  is  taken.] 

§ 504.  Booth  for  projecting-machine  and  film. — Apparatus  for 
projecting  motion-pictures  shall  be  contained  in  a fireproof  booth 
or  enclosure  constructed  as  required  by  law.  The  booth  in  which 
the  picture  machine  is  operated  shall  be  provided  with  an  opening 
in  its  roof,  or  in  the  upper  part  of  its  side  walls,  leading  to  the  out- 
door air,  and  with  a vent  flue,  which  shall  have  a minimum  cross 
sectional  area  of  50  square  inches  and  shall  be  fireproof.  When 
the  booth  is  in  use,  there  shall  be  a constant  current  of  air  passing 
outward  through  said  opening  or  vent  flue,  at  the  rate  of  not  less  than 
30  cubic  feet  per  minute.  The  requirements  of  this  section  shall 


116  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

apply  to  portable  booths  and  booths  in  open-air  theatres,  as  well  as 
to  motion-picture  theatres. 

§ 505.  Application  to  existing  theatres. — All  the  provisions  of  this 
article  shall  apply  to  existing  places  of  entertainment  where  motion 
pictures  are  exhibited  under  common  show  licenses,  in  case  the 
seating  capacity  be  increased;  and,  in  case  the  seating  capacity  be 
not  increased,  aU  the  provisions  of  this  article  shall  apply,  except 
the  provisions  of  §§  500,  501;  subdivisions  1,  3 and  5 of  § 502  and 
subdivisions  3,  4 and  5 of  § 503,  but  the  commissioner  of  licenses 
shall  have  power  in  his  discretion  to  enforce  the  provisions  of  sub- 
divisions 3 and  4 of  § 503,  relating  to  exits  and  courts. 

An  existing  place  of  entertainment  seating  300  persons  or  less, 
where  motion  pictures  are  exhibited  in  conjunction  with  any  other 
form  of  entertainment,  must  comply,  before  a reissuance  of  its 
license,  with  the  provisions  of  article  10  of  this  chapter,  relating  to 
theatres  seating  more  than  300  persons.  But,  if  such  existing  place 
of  entertainment  shall  discontinue  aU  other  form  of  entertainment 
except  the  exhibition  of  motion  pictures,  it  may  be  licensed  in  ac- 
cordance with  the  provisions  of  first  paragraph  of  this  section. 

§ 506.  Open-air  motion-picture  theatres. — The  seating  capacity  of 
each  open-air  motion-picture  theatre,  as  defined  in  § 30  of  chapter  3 
of  this  ordinance,  shall  be  such  as  shall  be  prescribed  by  the  commis- 
sioner of  licenses.  All  such  theatres  shall  conform  to  the  following 
requirements: 

1.  Aisles.  The  number  and  width  of  aU  aisles  shall  be  as  pre- 
scribed by  the  superintendent  of  buildings,  but  no  aisle  shall  be  less 
than  4 feet  wide; 

2.  Exits.  At  least  2 separate  exits,  remote  from  each  other, 
shall  be  provided,  and  no  exit  shall  be  less  than  5 feet  in  width; 
for  every  25  persons  to  be  accommodated  in  excess  of  300,  the  total 
width  of  exits  shall  be  increased  1 foot.  All  exits  must  be  indicated 
by  signs  and  red  lights,  and  doors  must  open  outwardly; 

3.  Seats.  Seats  must  be  stationary,  with  backs  32  inches  apart, 
and  so  arranged  that  no  seat  shall  have  more  than  7 seats  intervening 
between  it  and  an  aisle.  Chairs  must  be  either  securely  fastened 
to  a wood  or  concrete  floor,  or  all  chairs  in  a row  must  be  fastened 
together,  and  at  least  4 rows  must  be  securely  fastened  to  1 frame; 
except  that,  where  refreshments  are  served,  tables  and  unattached 
chairs  or  benches  used  with  them  may  be  permitted; 

4.  Floors.  The  floor  must  be  constructed  either  of  wood,  with 
sleepers,  or  concrete;  it  must  extend  at  least  5 feet  from  the  seats 
on  all  sides;  provided,  however,  that,  in  the  discretion  of  the  com- 
missioner of  licenses,  a gravel  floor  may  be  substituted  for  wood  or 
concrete. 

In  addition  to  the  foregoing  requirements,  the  provisions  of  sub- 
divisions 2 and  4 of  § 502,  and  § 504  of  this  article  shall  apply  to  all 
open-air  motion  picture  theatres. 

ARTICLE  25 

THEATRES  AND  OTHER  PLACES  OF  AMUSEMENT 

Sec.  520.  Application  of  article. 

§ 521.  Buildings  must  be  approved. 


BUILDING  CODE 


117 


§ 522.  Auditorium  walls. 

§ 523.  Dressing  rooms. 

§ 524.  Fire  extinguishing  appliances. 

§ 525.  Heating  plant. 

§ 526.  Lights. 

§ 527.  Means  of  egress. 

§ 528.  Partitions  and  walls. 

§ 529.  Proscenium  construction. 

§ 530.  Protective  curtain. 

§ 531.  Roof  of  auditorium. 

§ 532.  Seats. 

§ 533.  Stage. 

§ 534.  Miscellaneous  requirements. 

§ 535.  Storage  rooms;  workshops. 

§ 536.  Use  and  occupancy. 

§ 537.  Jurisdiction  of  fire  commissioner. 

§ 538.  Saving  clause. 

See  Arts.  23  and  24  ante;  ch.  S,  Amusements  and  Exhibitions;  ch.  12,  Art.  2,  Fire 
Prevention. 


§ 520.  Application  of  article. — Every  theatre  or  opera  house  or 
other  building  intended  to  be  used  for  theatrical  or  operatic  pur- 
poses, or  for  public  entertainment  of  any  kind,  hereafter  erected  for 
the  accommodation  of  more  than  300  persons,  shall  be  built  to  comply 
with  the  requirements  of  this  article.  No  building  which,  at  the  time 
of  the  passage  of  this  ordinance  is  not  in  actual  use  for  theatrical 
or  operatic  purposes,  and  no  building  hereafter  erected  not  in  con- 
formity with  the  requirements  of  this  section,  shall  be  used  for 
theatrical  or  operatic  purposes,  or  for  pubhc  entertainments  of  any 
kind,  until  the  same  shall  have  been  made  to  conform  to  the  require- 
ments of  this  article. 

§ 521.  Buildings  must  he  approved. — No  building  described  in  the 
preceding  section  of  this  article  shall  be  opened  to  the  public  for 
theatrical  or  operatic  purposes,  or  for  pubhc  entertainments  of  any 
kind,  until  the  fire  commissioner  and  the  superintendent  of  build- 
ings shall  have  approved  the  same  in  writing  as  conforming  to  the 
requirements  of  this  article. 

§ 522.  Auditorium  walls. — Interior  walls  built  of  fireproofing 
materials  shall  separate  the  auditorium  from  the  entrance  vestibule, 
and  from  any  room  or  rooms  over  the  same,  also  from  lobbies,  cor- 
ridors, refreshment  or  other  rooms. 

§ 523.  Dressing  rooms.  Dressing  rooms  may  be  placed  in  the  fly 
galleries,  provided  that  proper  exits  are  secured  therefrom  to  the 
fire  escapes  in  the  open  courts,  and  that  the  partitions  and  other 
matters  pertaining  to  dressing  rooms  shall  conform  to  the  require- 
ments herein  contained,  but  the  stairs  leading  to  the  same  shall  be 
fire-proof.  All  dressing  rooms  shall  have  an  independent  exit 
leading  directly  into  a court  or  street,  and  shall  be  ventilated  by 
windows  in  the  external  walls;  and  no  dressing  room  shall  be  below 
the  street  level.  All  windows  shall  be  arranged  to  open,  and  none  of 
the  windows  in  outside  walls  shall  have  fixed  sashes,  iron  grills  or  bars. 

§ 524.  Fire-extinguishing  appliances. — In  every  building  de- 
scribed in  § 520  of  this  article  there  shall  be  provided : 


118 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


1.  Hose.  A proper  and  sufficient  quantity  oi  2}/^  inch  hose,  not 
less  than  100  feet  in  length,  fitted  with  the  regulation  couplings 
of  the  fire  department  and  with  nozzles  attached  thereto,  and  with 
hose  spanners  at  each  outlet,  shall  always  be  kept  attached  to  each 
hose  attachment  as  the  fire  commissioner  may  direct. 

2.  Sprinkler  system.  A separate  and  distinct  system  of  automatic 
sprinklers,  with  fusible  plugs,  approved  by  the  superintendent  of 
buildings,  supplied  with  water  from  a tank  located  on  the  roof  over 
the  stage  and  not  connected  in  any  manner  with  the  stand  pipes, 
shall  be  placed  at  each  side  of  the  proscenium  opening  and  on  the 
ceiling  or  roof  over  the  stage  at  such  intervals  as  will  protect  every 
square  foot  of  stage  surface  when  said  sprinklers  are  in  operation. 
Automatic  sprinklers  shall  also  be  placed,  wherever  practicable, 
in  the  dressing  rooms  under  the  stage  and  in  the  carpenter  shop, 
paint  rooms,  store  rooms  and  property  room. 

3.  Standpipes.  Stand  pipes  4 inches  in  diameter  shall  be  provided 
with  hose  attachments  on  every  floor  and  gallery  as  follows,  namely; 
One  on  each  side  of  the  auditorium  in  each  tier,  also  on  each  side 
of  the  stage  in  each  tier,  and  at  least  one  in  the  property  room  and 
one  in  the  carpenter’s  shop,  if  the  same  be  contiguous  to  the  building. 
All  such  stand  pipes  shall  be  kept  clear  from  obstruction.  Said 
stand  pipes  shall  be  separate  and  distinct,  receiving  their  supply 
of  water  direct  from  the  power  pump  or  pumps,  and  shall  be  fittea 
with  the  regulation  couplings  of  the  fire  department,  and  shall  be 
kept  constantly  filled  with  water  by  means  of  an  automatic  power 
pump  or  pumps,  of  sufficient  capacity  to  supply  all  the  lines  of  hose 
when  operated  simultaneously,  and  said  pump  or  pumps  shall  be 
supplied  from  the  street  main  and  be  ready  for  immediate  use 
at  all  times  during  any  performance  in  said  building.  In  addition 
to  the  requirements  contained  in  this  section,  the  stand  pipes  shall 
also  conform  to  the  requirements  contained  in  § 581  of  this  chap- 
ter. 

4.  Miscellaneous.  There  shall  also  be  kept  in  readiness  for  imme- 
diate use  on  the  stage,  at  least  4 casks  full  of  water,  and  2 buckets  to 
each  cask.  Said  casks  and  buckets  shall  be  painted  red.  There  shall 
also  be  provided  hand  pumps  or  other  portable  fire  extinguishing 
apparatus  and  at  least  4 axes  and  2 25-foot  hooks,  2 15-foot  hooks, 
and  2 10-foot  hooks  on  each  tier  or  floor  of  the  stage. 

§ 525.  Heating  plant. — Every  steam  boiler  which  may  be  required 
for  heating  or  other  purposes  shall  be  located  outside  of  the  building. 
The  space  allotted  to  the  same  shall  be  inclosed  by  walls  of  masonry 
on  all  sides,  and  the  ceiling  of  such  space  shall  be  constructed  of 
fireproof  materials.  All  doorways  in  the  walls  of  boiler-rooms  shall 
have  fireproof  doors.  No  floor  register  for  heating  shall  be  per- 
mitted. No  coil  or  radiator  shall  be  placed  in  any  aisle  or  passage 
way  used  as  an  exit,  but  all  said  coils  and  radiators  shall  be  placed  in 
recesses  formed  in  the  wall  or  partition  to  receive  the  same.  All 
supply,  return  or  exhaust  pipes  shall  be  properly  incased  and  pro- 
tected where  passing  through  floors  or  near  woodwork. 

§ 526.  Lights. — 1.  Adequacy.  Every  portion  of  the  building  de- 
voted to  the  uses  or  accommodation  of  the  public,  also  all  outlets 
leading  to  the  streets  and  including  the  open  courts  or  corridors,  shall 
be  well  and  properly  lighted  during  every  performance,  and  the  same 


BUILDING  CODE 


110 


shall  remain  lighted  until  the  entire  audience  has  left  the  premises. 
When  interior  gas  lights  are  not  lighted  by  electricity  other  suitable 
appliances,  to  be  approved  by  the  superintendent  of  buildings  shall 
be  provided. 

2.  Corridors  and  passageways.  All  gas  or  electric  lights  in  the 
halls,  corridors,  lobby  or  any  other  part  of  said  buildings  used  by  the 
audience,  except  the  auditorium,  must  be  controlled  by  a separate 
shut-off,  located  in  the  lobby  and  controlled  only  in  that  particular 
place. 

3.  Fireproofing.  No  gas  or  electric  light  shall  be  inserted  in  the 
walls,  woodwork,  ceilings,  or  in  any  part  of  the  building,  unless  pro- 
tected by  fireproof  materials. 

4.  Gas  connections.  Gas  mains  supplying  the  building  shall  have 
independent  connections  for  the  auditorium  and  the  stage,  and 
provision  shall  be  made  for  shutting  off  the  gas  from  the  outside  of 
the  building. 

5.  Nettings.  All  suspended  or  bracket  lights  surrounded  hy  glass 
in  the  auditorium,  or  in  any  part  of  the  building  devoted  to  the 
public,  shall  be  provided  with  proper  wire  netting  underneath.  All 
lights  in  passages  and  corridors  in  said  buildings,  wherever  deemed 
necessary  by  the  superintendent  of  buildings,  shall  be  protected 
with  proper  wire  network. 

6.  Stage  lights.  All  stage  lights  shall  have  strong  metal  wire 
guards  or  screens,  not  less  than  10  inches  in  diameter,  so  constructed 
that  any  material  in  contact  therewith  shall  be  out  of  reach  of  the 
flames  of  said  stage  lights,  and  must  be  soldered  to  the  fixture  in  all 
cases.  The  foot  lights,  in  addition  to  the  wire  network,  shall  be 
protected  with  a strong  wire  guard  and  chain,  placed  not  less  than  2 
feet  distant  from  said  foot  lights,  and  the  trough  containing  them 
shall  be  formed  of  and  surrounded  by  fireproof  materials.  All  border 
lights  shall  be  constructed  according  to  the  best  known  methods, 
subject  to  the  approval  of  the  superintendent  of  buildings,  and  shall 
be  suspended  for  10  feet  by  wire  rope. 

7.  Ventilators.  All  ducts  or  shafts  used  for  conducting  heated  air 
from  the  main  chandelier,  or  from  any  other  light  or  lights,  shall  be 
constructed  of  metal  and  made  double,  with  an  air  space  between. 

§ 527.  Means  of  egress. — 1.  Exits  to  streets.  Every  theatre  accom- 
modating 300  persons  shall  have  at  least  2 exits;  when  accommodat- 
ing 500  persons,  at  least  3 such  exits  shall  be  provided;  these  exits 
not  referring  to  or  including  the  exits  to  the  open  court  at  the  side  of 
the  theatre.  Every  such  building  shall  have  at  least  one  front  on 
the  street,  and  in  such  front  there  shall  be  suitable  means  of  entrance 
and  exit  for  the  audience,  not  less  than  25  feet  in  width.  The  en- 
trance of  the  main  front  of  the  building  shall  be  not  on  a higher 
level  from  the  sidewalk  than  four  steps,  unless  approved  by  the 
superintendent  of  buildings.  Each  exit  shall  be  at  least  5 feet  in 
width  in  the  clear  and  provided  with  doors  of  iron  or  wood;  if  of 
wood,  the  doors  shall  be  constructed  as  hereinbefore  prescribed  in 
this  chapter.  All  of  said  doors  shall  open  outwardly,  and  shall  be 
fastened  with  movable  bolts,  the  bolts  to  be  kept  drawn  during 
performances. 

2.  Exits  to  courts.  In  addition  to  the  aforesaid  entrances  and 
exits  on  the  street,  there  shall  be  reserved  for  service  in  case  of  an 


120 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


emergency  an  open  court  or  space  in  the  rear  and  on  the  side  not 
bordering  on  the  street,  where  said  building  is  located  on  a corner 
lot;  and  in  the  rear  and  on  both  sides  of  said  building,  where  there  is 
but  one  frontage  on  the  street  as  hereinafter  provided.  The  width  of 
such  open  court  or  courts  shall  be  not  less  than  10  feet  where  the 
seating  capacity  is  not  over  1,000  people,  above  1,000  and  not  more 
than  1,800  people  12  feet  in  width,  and  above  1,800  people  14  feet  in 
width.  Said  open  court  or  courts  shall  extend  the  full  length  and 
height  of  the  building  and  across  on  each  side  and  rear  thereof  where 
its  sides  or  side  does  not  abut  on  a street  or  alley,  and  shall  be  of  the 
same  width  at  all  points,  and  exits  hereafter  specified  shall  lead  into 
such  open  courts.  From  the  auditorium  opening  into  the  said  open 
courts  or  on  the  side  street,  there  shall  be  not  less  than  2 exits  on 
each  side  in  each  tier  from  and  including  the  parquet  and  each 
gallery.  The  said  open  courts  and  corridors  shall  not  be  used  for 
storage  purposes,  or  for  any  purposes  whatsoever  except  for  exit 
and  entrance  from  and  to  the  auditorium  and  stage,  and  must  be 
kept  free  and  clear  during  performances. 

3.  Doorways  of  exits.  Doorways  of  exit  or  entrance  for  the  use  of 
the  public  shall  be  not  less  than  5 feet  in  width,  and  for  every  addi- 
tional 100  persons  or  portions  thereof  to  be  accommodated,  in  excess 
of  500,  an  aggregate  of  20  inches  additional  exit  width  must  be 
allowed.  All  doors  of  exit  or  entrance  shall  open  outwardly  and  be 
hung  to  swing  in  such  a manner  as  not  to  become  an  obstruction  in  a 
passage  or  corridor,  and  no  such  doors  shall  be  closed  and  locked 
during  any  representation,  or  when  the  building  is  open  to  the 
public. 

4.  FoyerSj  lobbies  and  corridors.  The  foyers,  lobbies,  corridors, 
passages  and  rooms  for  the  use  of  the  audience,  not  including  aisles 
spaced  between  seats,  shall  on  the  first  or  main  floor,  where  the 
seating  capacity  exceeds  500  or  more,  be  at  least  16  feet  clear,  back 
of  the  last  row  of  seats,  and  on  each  balcony  or  gallery  at  least  12 
feet  clear  of  the  last  row  of  seats.  The  level  of  said  corridors  at  the 
front  entrance  to  the  building  shall  be  not  greater  than  one  step 
above  the  level  of  the  sidewalk  where  they  begin  at  the  street  en- 
trance. During  the  performance  the  doors  or  gates  in  the  corridors 
shall  be  kept  open  by  proper  fastenings;  at  other  times  they  may  be 
closed  and  fastened  by  movable  bolts  or  blocks. 

5.  Aisles.  All  aisles  on  the  respective  floors  of  the  auditorium 
shall  be  not  less  than  3 feet  wide  where  they  begin,  and  shall  be 
increased  in  width  toward  the  exits  in  a ratio  of  1^  inches  to  5 
running  feet. 

6.  Gradients.  Gradients  or  inclined  planes  shall  be  employed 
instead  of  steps  where  possible  to  overcome  slight  difference  of  level 
in  or  between  aisles,  corridors  and  passages.  To  overcome  any 
difference  of  level  in  and  between  courts,  corridors,  lobbies,  passages 
and  aisles  on  the  ground  floor,  gradients  shall  be  employed  of  not 
over  1 foot  in  12  feet,  with  no  perpendicular  rises. 

7.  Gallery  exits.  Distinct  and  separate  places  of  exit  and  entrance 
shall  be  provided  for  each  gallery  above  the  first.  A common  place 
of  exit  and  entrance  may  serve  for  the  main  floor  of  the  auditorium 
and  the  first  gallery,  provided  its  capacity  be  equal  to  the  aggregate 
capacity  of  the  outlets  from  the  main  floor  and  the  said  gallery.  No 


BUILDING  CODE 


121 


passage  leading  to  any  stairway  communicating  with  any  entrance  or 
exit  shall  be  less  than  4 feet  in  width  in  any  part  thereof.  From  the 
auditorium  opening  into  the  said  open  courts  or  on  the  side  street, 
there  shall  be  not  less  than  2 exits  on  each  side  in  each  tier  from  ana 
including  the  parquet  and  each  and  every  gallery. 

8.  Staircases  to  galleries.  Where  the  seating  capacity  is  for  more 
than  1,000  people,  there  shall  be  at  least  2 independent  staircases, 
with  direct  exterior  outlets,  provided  for  each  gallery  in  the  au- 
ditorium, where  there  are  not  more  than  2 galleries,  and  the  same 
shall  be  located  on  opposite  sides  of  said  galleries.  Where  there 
are  more  than  2 galleries,  1 or  more  additional  staircases  shall  be 
provided,  the  outlets  from  which  shall  communicate  directly  with 
the  principal  exit  or  other  exterior  outlets.  AU  such  staircases 
shall  be  of  width  proportionate  to  the  seating  capacity  as  elsewhere 
herein  prescribed.  Where  the  seating  capacity  is  for  1,000  people, 
or  less,  2 direct  lines  of  staircases  only  shall  be  required,  located  on 
opposite  sides  of  the  galleries,  and  in  both  cases  shall  extend  from  the 
sidewalk  level  to  the  upper  gallery,  with  outlets  from  each  gallery 
to  each  of  said  staircases.  All  inside  stairways  leading  to  the  upper 
galleries  of  the  auditorium  shall  be  inclosed  on  both  sides  with  walls 
of  fireproof  materials.  Stairs  leading  to  the  first  or  lower  gallery 
may  be  left  open  on  one  side,  in  which  case  they  shall  be  constructed 
as  herein  provided  for  similar  stairs  leading  from  the  entrance  hall 
to  the  main  floor  of  the  auditorium.  But  in  no  case  shall  stairs  lead- 
ing to  any  gallery  be  left  open  on  both  sides.  No  door  shall  open 
immediately  upon  a flight  of  stairs,  but  a landing  at  least  the  width 
of  the  door  shall  be  provided  between  such  stairs  and  such  door. 

9.  Stage  staircases.  At  least  2 independent  staircases,  with  direct 
exterior  outlets,  shall  also  be  provided  for  the  service  of  the  stage 
and  shall  be  located  on  the  opposite  sides  of  the  same. 

10.  Stairways.  All  staircases  for  the  use  of  the  audience  shall  be 
inclosed  with  walls  of  brick,  or  of  fireproof  materials  approved  by 
the  superintendent  of  buildings,  in  the  stories  through  which  they 
pass,  and  the  openings  to  said  staircases  from  each  tier  shall  be  of 
the  full  width  of  said  staircase.  All  stairs  within  the  building  shall 
be  constructed  of  fireproof  material  throughout.  Stairs  from  bal- 
conies and  galleries  shall  not  communicate  with  the  basement  or 
cellar.  All  stairs  shall  have  treads  of  uniform  width  and  risers  of 
uniform  height  throughout  in  each  flight.  Stairways  serving  for 
the  exit  of  50  people  shall  be  at  least  4 feet  wide  between  railings  or 
between  walls,  and  for  every  additional  50  people  to  be  accommo- 
dated 6 inches  must  be  added  to  their  width.  The  width  of  all 
stairs  shall  be  measured  in  the  clear  between  hand  rails.  In  no  case 
shall  the  risers  of  any  stairs  exceed  inches  in  height,  nor  shall 
the  treads,  exclusive  of  nosings,  be  less  than  103/^  inches  wide  in 
straight  stairs.  No  circular  or  winding  stairs  for  the  use  of  the 
public  shall  be  permitted.  When  straight  stairs  return  directly  on 
themselves,  a landing  of  the  full  width  of  both  flights,  without  any 
steps,  shall  be  provided.  The  outer  line  of  landings  shall  be  curved 
to  a radius  of  not  less  than  2 feet  to  avoid  square  angles.  Stairs 
turning  at  an  angle  shall  have  a proper  landing  without  winders 
introduced  at  said  turn.  In  stairs,  when  2 side  flights  connect  with 
one  main  flight,  no  winders  shall  be  introduced,  and  the  width  of  the 


122  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

main  flight  shall  be  at  least  equal  to  the  aggregate  width  of  the 
side  flights.  All  stairs  shall  have  proper  landings  introduced  at 
convenient  distances. 

11.  Stairway  hand  rails.  All  inclosed  staircases  shall  have,  on 
both  sides,  strong  hand  rails  firmly  secured  to  the  wall  about  3 inches 
distant  therefrom  and  about  3 feet  above  the  stairs,  but  said  hand 
rails  shall  not  run  on  level  platforms  and  landings  where  the  same 
is  more  in  length  than  the  width  of  the  stairs.  All  staircases  8 feet 
and  over  in  width  shall  be  provided  with  a centre  hand  rail  of  metal, 
not  less  than  2 inches  in  diameter,  placed  at  a height  of  about  3 feet 
above  the  centre  of  the  treads,  and  supported  on  wrought  metal 
or  brass  standards  of  sufficient  strength,  placed  not  nearer  than  four 
feet  nor  more  than  6 feet  apart,  and  securely  bolted  to  the  treads 
or  risers  of  stairs,  or  both,  and  at  the  head  of  each  flight  of  stairs, 
on  each  landing,  the  post  or  standard  shall  be  at  least  6 feet  in  height, 
to  which  the  rail  shall  be  secured. 

12.  Fire-escapes.  There  shall  be  balconies  not  less  than  6 feet 
in  width  in  the  said  open  court  or  courts  at  each  level  or  tier  above 
the  parquet,  on  each  side  of  the  auditorium,  of  sufficient  length 
to  embrace  the  2 exits,  and  from  said  balconies  there  shall  be  stair- 
cases extending  to  the  ground  level,  with  a rise  of  not  over  8 3^  inches 
to  a step  and  not  less  than  9 inches  tread,  exclusive  of  the  nosing. 
The  staircase  from  the  upper  balcony  to  the  next  below  shall  be  not 
less  than  48  inches  in  width  clear,  and  from  the  first  balcony  to  the 
ground  4 feet  in  width  in  the  clear  where  the  seating  capacity  of  the 
auditorium  is  for  1,000  people  or  less,  4 feet  six  inches  in  the  clear 
where  above  1,000  and  not  more  than  1,800  people,  and  5 feet  in 
the  clear  where  above  1,800  people  and  not  more  than  2,500  people, 
and  not  over  5 feet  6 inches  in  the  clear  where  above  2,500  people. 
All  the  before  mentioned  balconies  and  staircases  shall  be  constructed 
of  iron  throughout,  including  the  floors,  and  of  ample  strength  to 
sustain  the  load  to  be  carried  by  them,  and  they  shall  be  covered 
with  a metal  hood  or  awning,  to  be  constructed  in  such  manner  as 
shall  be  approved  by  the  superintendent  of  buildings.  Where  one 
side  of  the  building  borders  on  the  street,  there  shall  be  balconies 
and  staircases  of  like  capacity  and  kind,  as  before  mentioned,  carried 
to  the  ground. 

13.  Diagram  of  exits.  A dia^am  or  plan  of  each  tier,  gallery  or 
floor,  showing  distinctly  the  exits  therefrom,  each  occupying  a space 
not  less  than  15  square  inches,  shall  be  printed  in  black  lines  in  a 
legible  manner  on  the  programme  of  the  performance.  Every  exit 
shall  have  over  the  same  on  the  inside  the  word  “Exit^^  painted  in 
legible  letters  not  less  than  8 inches  high. 

§ 528.  Partitions  and  walls. — The  partitions  in  that  portion  of 
the  building  which  contains  the  auditorium,  the  entrance  and  vesti- 
bule and  every  room  and  passage  devoted  to  the  use  of  the  audience 
shall  be  constructed  of  fireproof  materials  including  the  furring  of 
outside  or  other  walls.  The  walls  separating  the  actors’  dressing 
rooms  from  the  stage  and  the  partitions  dividing  the  dressing  rooms, 
together  with  the  partitions  of  every  passageway  from  the  same  to 
the  stage,  and  all  other  partitions  on  or  about  the  stage,  shall  be 
constructed  of  fireproof  material  approved  by  the  superintendent 
of  buildings.  All  doors  in  any  of  said  partitions  shall  be  fireproof. 


BUILDING  CODE 


123 


§ 529.  Proscenium  construction.  A fire  wall,  built  of  brick,  shall 
separate  the  auditorium  from  the  stage.  The  same  shall  extend  at 
least  4 feet  above  the  stage  roof,  or  the  auditorium  roof,^  if  the  latter 
be  the  higher,  and  shall  be  coped.  Above  the  proscenium  opening 
there  shall  be  an  iron  girder  of  sufficient  strength  to  safely  support 
the  load  above,  and  the  same  shall  be  covered  with  fireproof  ma- 
terials to  protect  it  from  the  heat.  Should  there  be  constructed  an 
orchestra  over  the  stage,  above  the  proscenium  opening,  the  said 
orchestra  shall  be  placed  on  the  auditorium  side  of  the  proscenium 
fire  wall,  and  shall  be  entered  only  from  the  auditorium  side  of  said 
wall.  The  molded  frame  around  the  proscenium  opening  shall  be 
formed  entirely  of  fireproof  materials;  if  metal  be  used,  the  metal 
shall  be  filled  in  solid  with  non-combustible  material  and  securely 
anchored  to  the  wall  with  iron.  No  doorway  or  opening  through 
the  proscenium  wall,  from  the  auditorium,  shall  be  allowed  above 
the  level  of  the  first  floor,  and  such  first  floor  openings  shall  have 
fireproof  doors  on  each  face  of  the  wall,  and  the  doors  shall  be  hung 
so  as  to  be  opened  from  either  side  at  all  times. 

§ 530.  Protective  curtain. — The  proscenium  opening  shall  be  pro- 
vided with  a fireproof  metal  curtain,  or  a curtain  of  asbestos  or  other 
fireproof  material  approved  by  the  superintendent  of  buildings, 
sliding  at  each  end  within  iron  grooves,  securely  fastened  to  the 
brick  wall  and  extending  into  such  grooves  to  a depth  of  not  less  than 
6 inches  on  each  side  of  the  opening.  The  proscenium  curtains  shall 
be  placed  at  least  3 feet  distant  from  the  foot-lights,  at  the  nearest 
point.  Said  fireproof  curtain  shall  be  raised  at  the  commencement 
of  each  performance  and  lowered  at  the  close  thereof,  and  be  operated 
by  approved  machinery  for  that  purpose. 

§ 531.  Roof  of  auditorium. — The  roof  over  the  auditorimn  and  the 
entire  main  floor  of  the  auditorium  and  vestibule,  also  the  entire 
floor  of  the  second  story  of  the  front  superstructure  over  the  en- 
trance, lobby  and  corridors,  and  all  galleries  and  support  for  the 
same  in  the  auditorium  shall  be  constructed  of  iron  and  steel  and 
fireproof  materials,  not  excluding  the  use  of  wood  floorboards  and 
necessary  sleepers  to  fasten  the  same  to,  but  such  sleepers  shall  not 
mean  timbers  of  support,  and  the  space  between  the  sleepers,  except- 
ing a portion  under  the  stepping  in  the  galleries,  which  shall  be 
properly  fire  stopped,  shall  be  solidly  fiUed  with  incombustible 
material  up  to  under  side  of  the  floor  boards. 

§ 532.  Seats.- — All  seats  in  the  auditorium,  excepting  those  con- 
tained in  boxes,  shall  be  not  less  than  32  inches  from  back  to  back, 
measured  in  a horizontal  direction,  and  firmly  secured  to  the  floor. 
No  seat  in  the  auditorium  shall  have  more  than  6 seats  intervening 
between  it  and  an  aisle  on  either  side.  No  stool  or  seat  shall  be 
placed  in  any  aisle.  All  platforms  in  galleries  formed  to  receive  the 
seats  shall  not  be  more  than  21  inches  in  height  of  riser,  nor  less  than 
32  inches  in  width  of  platform. 

§ 533.  Stage. — 1.  Construction.  All  that  portion  of  the  stage  not 
comprised  in  the  working  of  scenery,  traps  and  other  mechanical 
apparatus  for  the  presentation  of  a scene,  usually  equal  to  the  width 
of  the  prosecenium  opening,  shall  be  built  of  iron  or  steel  beams  filled 
in  between  with  fireproof  material,  and  all  girders  for  the  support 
of  said  beams  shall  be  of  wrought  iron  or  rolled  steel.  The  fly  galleries 


124  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

entire,  including  pin-rails,  shall  be  constructed  of  iron  or  steel,  and 
the  floors  of  said  galleries  shall  be  composed  of  iron  or  steel  beams, 
filled  with  fireproof  materials,  and  no  wood  boards  or  sleepers  shall 
be  used  as  covering  beams,  but  the  said  floors  shall  be  entirely  fire- 
proof. The  rigging  loft  shall  be  fireproof. 

2.  Skylights.  There  shall  be  provided  over  the  stage,  metal  sky- 
lights of  an  area  or  combined  area  of  at  least  Vs  the  area  of  said 
stage,  fitted  up  with  sliding  sash  and  glazed  with  double  thick  sheet 
glass  not  exceeding  1-12  of  an  inch  thick,  and  each  pane  thereof 
measuring  not  less  than  300  square  inches  and  the  whole  of  which 
skylight  shall  be  so  constructed  as  to  open  instantly  on  the  cutting  or 
burning  of  a hempen  cord,  which  shall  be  arranged  to  hold  said  sky- 
fights  closed,  or  some  other  equally  simple  approved  device  for 
opening  them  may  be  provided.  Immediately  underneath  the  glass 
of  said  skylights  there  shall  be  wire  netting,  but  wire  glass  shall  not 
be  used  in  lieu  of  this  requirement. 

3.  Scenery  and  fittings.  All  stage  scenery,  curtains  and  decorations 
made  of  combustible  material,  and  all  woodwork  on  or  about  the 
stage,  shall  be  painted  or  saturated  with  some  non-combustible 
material  or  otherwise  rendered  safe  against  fire,  and  the  finishing 
coats  of  paint  applied  to  all  woodwork  through  the  entire  building 
shall  be  of  such  kind  as  will  resist  fire  to  the  satisfaction  of  the 
superintendent  of  buildings  having  jm*isdiction. 

§ 534.  Miscellaneous  requirements. — 1.  Ceilings.  The  ceiling  un- 
der each  gallery  shall  be  entirely  formed  of  fireproof  materials.  The 
ceiling  by  the  auditorium  shall  be  formed  of  fireproof  materials. 

2.  Ceiling  coverings.  None  of  the  walls  or  ceilings  shall  be  covered 
with  wood  sheathing,  canvas  or  any  combustible  material.  But  this 
shall  not  exclude  the  use  of  wood  wainscoting  to  a height  not  to 
exceed  6 feet,  which  shall  be  filled  in  solid  between  the  wainscoting 
and  the  wall  with  fireproof  materials. 

3.  Fronts  of  galleries.  The  fronts  of  each  gallery  shall  be  formed  of 
fireproof  materials,  except  the  capping,  which  may  be  made  of  wood. 

4.  Lathing.  All  lathing,  whenever  used,  shall  be  of  wire  or  other 
metal. 

5.  Shelving  and  cupboards.  All  shelving  and  cupboards  in  each  and 
every  dressing  room,  property  room  or  other  storage  rooms,  shall  be 
constructed  of  metal,  slate  or  some  fireproof  material. 

§ 535.  Storage  rooms;  workshops. — No  workshop,  storage  or  general 
property  room  shall  be  allowed  above  the  auditorium  or  stage,  or 
under  the  same  or  in  any  of  the  fly  galleries.  All  of  said  rooms  or 
shops  may  be  located  in  the  rear  or  at  the  side  of  the  stage,  but  in 
such  cases  they  shall  be  separated  from  the  stage  by  a brick  wall,  and 
the  openings  leading  into  said  portions  shall  have  fireproof  doors  on 
each  side  of  the  openings,  hung  to  iron  eyes  built  into  the  wall. 

§ 536.  Use  and  occupancy. — 1.  Restrictions.  No  portion  of  any 
building  hereafter  erected  or  altered,  used  or  intended  to  be  used  for 
theatrical  or  other  purposes  as  in  this  section  specified,  shall  be 
occupied  or  used  as  a hotel,  boarding  or  lodging  house,  factory, 
workshop  or  manufactory,  or  for  storage  purposes,  except  as  may  be 
hereafter  specially  provided  for.  This  restriction  relates  not  only  to 
that  portion  of  the  building  which  contains  the  auditorium  and  the 
stage,  but  applies  also  to  the  entire  structure  in  conjunction  there- 


BUILDING  CODE 


125 


with.  No  store  or  room  contained  in  the  building,  or  the  offices, 
stores  or  apartments  adjoining,  as  aforesaid,  shall  be  let  or  used  for 
carrying  on  any  business,  deahng  and  articles  designated  as  specially 
hazardous  in  the  classification  of  the  New  York  Board  of  Fire 
Underwriters,  or  for  manufacturing  purposes.  No  lodging  accom- 
modations shall  be  allowed  in  any  part  of  the  building  communicat- 
ing with  the  auditorium.  When  located  on  a corner  lot,  that  portion 
of  the  premises  bordering  on  the  side  street  and  not  required  for  the 
uses  of  the  theatre  may,  if  such  portion  be  not  more  than  25  feet  in 
width,  be  used  for  offices,  stores  or  apartments,  provided  the  walls 
separating  this  portion  from  the  theatre  proper  are  carried  up  solidly 
to  and  through  the  roof,  and  that  a fireproof  exit  is  provided  for 
the  theatre  on  each  tier,  equal  to  the  combined  width  of  exits  opening 
on  opposite  sides  in  each  tier,  communicating  with  balconies  and 
staircases  leading  to  the  street  in  manner  provided  elsewhere  in  this 
section;  said  exit  passages  shall  be  entirely  cut  off  by  brick  walls  from 
said  offices,  stores  or  apartments,  and  the  floors  and  ceilings  in  each 
tier  shall  be  fireproof. 

2.  Above  theatre.  Nothing  herein  contained  shall  prevent  a roof 
garden,  art  gallery  or  rooms  for  similar  purposes  being  placed  above  a 
theatre  or  pubhc  building,  provided  the  floor  of  the  same,  forming  the 
roof  over  such  theatre  or  building,  shall  be  constructed  of  iron  or 
steel  and  fireproof  materials,  and  that  said  floor  shall  have  no  cover- 
ing boards  or  sleepers  of  wood,  but  shall  be  of  tile  or  cement.  Every 
roof  over  said  garden  or  rooms  shall  have  all  supports  and  rafters  of 
iron  or  steel,  and  be  covered  with  glass  or  fire-proof  materials,  or 
both,  but  no  such  roof  garden,  art  gallery  or  room  for  any  public 
purposes  shall  be  placed  over  or  above  that  portion  of  any  theatre  or 
other  building  which  is  used  as  a stage. 

§ 537.  Jurisdiction  of  fire  commissioner. — The  stand  pipes,  gas 
pipes,  electric  wires,  hose,  foot  lights  and  all  apparatus  for  the 
extinguishing  of  fire  or  guarding  against  the  same,  as  in  this  article 
specified,  shall  be  in  charge  and  under  control  of  the  fire  department, 
and  the  fire  commissioner  is  hereby  directed  to  see  that  the  provisions 
of  this  article  relating  thereto  are  carried  out  and  enforced. 

§ 538.  Saving  clause. — The  provisions  of  the  foregoing  article  shall 
not  be  construed  to  mean  or  made  to  apply  to  any  theatre,  opera 
house  or  building  intended  to  be  used  for  theatrical  or  operatic 
purposes,  lawfully  erected  prior  to  June  3, 1904. 

As  to  former  § 109a  B.  C.,  see  Brill  v.  Miller.  140  App.  Div.  602. 


ARTICLE  26 

MISCELLANEOUS  STRUCTURES 

Sec.  550.  Exhibition  buildings. 

§ 551.  Grain  elevators. 

§ 552.  Smokehouses. 

Sec.  550.  Exhibition  buildings. — Buildings  for  fair  and  exhibition 
purposes,  towers  for  observation  purposes  and  structures  for  similar 
uses,  whether  temporary  or  permanent  in  character,  shall  be  con- 


126 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


structed  in  such  manner  and  under  such  conditions  as  the  superintend- 
ent of  buildings  may  prescribe. 

§ 551.  Grain  elevators. — Nothing  in  this  chapter  shall  be  so  con- 
strued as  to  apply  to  or  prevent  the  erection  of  what  are  known  as 
grain  elevators,  as  usually  constructed;  provided  they  are  erected  on 
tidewater,  or  adjacent  to  the  river  front  in  the  city,  in  isolated  local- 
ities and  under  such  conditions  as  the  superintendent  of  buildings 
may  prescribe,  including  location. 

§ 552.  Smokehouses. — All  smokehouses  shall  be  of  fireproof  con- 
struction, with  brick  walls,  iron  doors  and  brick  or  metal  roofs. 
An  iron  guard  shall  be  placed  over  and  3 feet  above  the  fire,  and  the 
hanging  rails  shall  be  of  iron.  The  walls  of  all  smokehouses  shall  be 
built  up  at  least  3 feet  higher  than  the  roof  of  the  building  in  which 
they  are  located. 

ARTICLE  27 

ELEVATORS 

Sec.  560.  Inspection  and  regulation. 

§ 561.  Sheave  screens. 

§ 562.  Elevator-runners. 

§ 563;  Freight  elevators;  warning  notice. 

§ 560.  Inspection  and  regulation. — Each  superintendent  of  build- 
ings shall  cause  an  inspection  of  elevators  within  his  jurisdiction, 
carrying  passengers  or  employees,  to  be  made  at  least  once  every 
3 months,  and  shall  make  regulations  for  the  inspection  of  such 
elevators  with  a view  to  safety.  The  regulations  shall  require  any 
repairs  found  necessary  to  any  such  elevators  to  be  made  without 
delay  by  the  owner  or  lessee.  In  case  defects  are  found  to  exist 
which  endanger  life  or  limb  by  the  continued  use  of  such  elevator, 
then,  upon  notice  from  the  superintendent  of  buildings,  the  use  of 
such  elevator  shall  cease,  and  it  shall  not  again  be  used  until  a cer- 
tificate shall  be  first  obtained  from  said  department  that  such  ele- 
vator has  been  made  safe. 

§ 561.  Sheave  screens. — Immediately  under  the  sheaves  at  the 
top  of  every  elevator  shaft  in  any  building  there  shall  be  provided 
and  placed  a substantial  grating  or  screen  of  iron  or  steel,  of  such 
construction  as  shall  be  approved  by  the  superintendent  of  buildings. 

§ 562.  Elevator  runners. — Each  superintendent  of  buildings  shall 
prescribe  suitable  qualifications  for  persons  who  run  elevators  within 
his  jurisdiction.  No  person  shall  employ  or  permit  any  person  to 
be  in  charge  of  running  any  passenger  elevator  who  does  not  possess 
the  qualifications  prescribed  therefor. 

§ 563.  Freight  elevators;  warning  notice. — Every  freight  elevator 
or  lift  shall  have  a notice  posted  conspicuously  thereon  as  follows: 
‘‘Persons  riding  on  this  elevator  do  so  at  their  own  risk.” 

ARTICLE  28 

FIRE  EXTINGUISHING  APPLIANCES 

Sec.  580.  General  provisions. 

§ 581.  Stand  pipes. 


BUILDING  CODE 


127 


§ 582.  Perforated  pipes. 

§ 583.  Pumps,  elevator. 

§ 584.  Boiler  rooms;  protection  against  inundation. 

§ 585.  Inspections. 

§ 580.  General  provisions. — All  buildings  now  erected,  unless 
already  provided  with  a 3-inch  or  larger  vertical  pipe,  or  hereafter 
to  be  erected,  exceeding  150  feet  in  height,  shall  be  provided  with  an 
auxiliary  fire  apparatus  and  appliances,  consisting  of  water  tank  on 
roof  or  in  cellar,  standpipes,  hose,  nozzles,  wrenches,  fire  extinguish- 
ers, hooks,  axes  and  such  other  appliances  as  may  be  required  by  the 
fire  department — all  to  be  of  the  best  material  and  of  the  sizes, 
patterns  and  regulation  kinds  used  and  required  by  the  fire  depart- 
ment. 

(Building  Code,  sec.  103,  rev.  from  L.  1882,  ch.  410,  § 498,  as  amend.) 

This  provision  is  a police  regulation  and  constitutionaj.  The  notice  mentioned 
must,  however,  be  given  by  the  proper  official  heads  and  not  subordinate  officers. 
Fire  Dept.  v.  Sturtevant,  33  Hun,  407.  And  such  power  is  continuous.  Fire  Dept. 
V.  Chapman,  10  Daly,  377.  But  it  is  the  duty  of  an  owner  to  erect  fire-escapes 
without  waiting  for  such  notice.  McLaughlin  v.  Armfield,  58  Hun,  376;  also  see 
Greenhaus  v.  Alter,  30  App.  Div.  585.  The  State  Labor  Law  does  not  repeal  the 
charter  provision  giving  jurisdiction  to  Building  Department.  City  of  N.  Y.  v. 
Trustees  Sailors’  Snug  Harbor,  85  App.  Div.  355.  The  act  applies  to  two  buildings 
used  as  one,  having  in  all  more  than  fifteen  bedrooms.  Dept.  Buildings  N.  Y.  v. 
Field,  12  App.  Div.  258.  An  owner  is  not  liable  under  the  common  law  for  failure 
to  supply  fire-escapes.  Pauley  v.  Steam  Gauge  Co.,  131  N.  Y.  90. 

§ 581.  Standpipes. — 1.  When  requisite.  In  every  building  now 
erected,  unless  already  provided  with  a 3-inch  or  larger  vertical 
pipe,  which  exceeds  100  feet  in  height,  and  in  every  building  hereafter 
to  be  erected  exceeding  85  feet  in  height,  and  when  any  such  building 
does  not  exceed  150  feet  in  height,  it  shall  be  provided  with  a 4-inch 
standpipe,  running  from  cellar  to  roof,  with  1 two-way  3-inch 
Siamese  connection  to  be  placed  on  street  above  the  curb  level, 
and  with  one  inch  outlet,  with  hose  attached  thereto  on  each 
floor,  placed  as  near  the  stairs  as  practicable.  If  any  of  the  said 
buildings  extend  from  street  to  street,  or  form  an  L shape,  they  shall 
be  provided  with  standpipes  for  each  street  frontage. 

2.  Construction.  Standpipes  shall  not  be  less  than  6 inches  in 
diameter  for  all  buildings  exceeding  150  feet  in  height.  All  stand- 
pipes shall  extend  to  the  street  and  there  be  provided  at  or  near  the 
sidewalk  level  with  the  Siamese  connections.  Said  standpipes 
shall  also  extend  to  the  roof.  Valve  outlets  shall  be  provided  on 
each  and  every  story,  including  the  basement  and  cellar  and  on  the 
roof. 

§ 582.  Perforated  pipes. — In  such  buildings  as  are  used  or  occupied 
for  business  or  manufacturing  purposes  there  shall  be  provided,  in 
connection  with  said  standpipe  or  pipes,  2J^  inch  perforated  iron 
pipes  placed  on  and  along  the  ceiling  line  of  each  floor  below  the 
first  floor,  and  extending  to  the  full  depth  of  the  building.  Said 
perforated  pipe  shall  be  provided  with  a valve  placed  at  or  near 
the  standpipe,  so  that  water  can  be  let  into  same  when  deemed 
necessary  by  the  firemen,  or  in  lieu  of  such  perforated  pipes  auto- 
matic spn'nklers  may  be  put  in.  When  the  building  is  25  feet  or 
less  in  width,  2 lines  of  perforated  pipe  shall  be  provided,  and  one 
line  additionally  for  each  123^  feet,  or  part  thereof,  that  the  building 


128 


CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 


is  wider  than  25  feet.  A suitable  iron  plate  with  raised  letters  shall 
be  fastened  to  the  wall  near  said  standpipes,  to  read:  “This  stand- 
pipe connects  to  perforated  pipes  in  the  cellar.^^ 

§ 583.  Pumps;  elevator. — In  every  building  described  in  § 581 
of  this  article,  a steam  or  electric  pump  and  at  least  one  passenger 
elevator  shall  be  kept  in  readiness  for  immediate  use  by  the  fire 
department  during  all  hours  of  the  night  and  day,  including  holidays 
and  Sundays.  The  said  steam  or  electric  pumps,  if  located  in  the 
lowest  story,  shall  be  placed  not  less  than  2 feet  above  the  floor 
level.  All  the  wires  and  cables  which  supply  power  to  the  electric 
pumps  shall  be  covered  with  fireproof  material,  or  protected  in  such 
other  manner  as  to  prevent  the  destruction  or  damage  of  said  cables 
and  wires  by  fire. 

§ 584.  Boiler  rooms y protection  against  inundation. — The  boilers 
which  supply  power  to  the  passenger  elevators  and  steam  or  electric 
pumps,  if  located  in  the  lowest  story,  shall  be  so  surrounded  by  a 
dwarf  brick  wall  laid  in  cement  mortar,  or  other  suitable  permanent 
waterproof  construction,  as  to  exclude  water  to  the  depth  of  2 feet 
above  the  floor  level  from  flowing  into  the  ash  pits  of  said  boilers. 
When  the  level  of  the  floor  of  the  lowest  story  is  above  the  level  of 
the  sewer  in  the  street  a large  cesspool  shall  be  placed  in  said  floor 
and  connected  by  a 4-inch  cast-iron  drain  pipe  with  the  street  sewer. 

§ 585.  Inspections. — All  valves,  hose,  tools  and  other  appliances 
provided  for  in  this  article  shall  be  kept  in  perfect  working  order, 
and  once  a month  the  person  in  charge  of  said  building  shall  make 
a thorough  inspection  of  the  same  to  see  that  all  valves,  hose  and 
other  appliances  are  in  perfect  working  order  and  ready  for  imme- 
diate use  by  the  fire  department. 


ARTICLE  29 

PLUMBING  AND  OTHER  SYSTEMS  OP  PIPING 

Sec.  600.  Rules. 

§ 601.  Shut-off  valves. 

§ 602.  Tests  of  plumbing. 

§ 603.  Tests  of  gaspiping. 

§ 604.  Registration  of  plumbers. 

§ 600.  Rules. — The  plumbing  and  drainage  systems,  water  supply 
pipes,  gas,  piping,  steam  or  hot  water  heating  or  power  systems, 
refrigerating  systems  and  other  systems  of  pipes  or  apparatus  for 
holding  or  conveying  gases,  vapors  or  fluids  hereafter  installed  and 
maintained  in  or  upon  any  building  in  the  city  shall  conform  to  such 
rules  as  may  be  provided  for  by  law  or  may  be  found  necessary  for 
the  protection  of  life,  health  or  property,  and  adopted  by  the  super- 
intendent of  buildings.  No  person  shall  use  or  permit  the  use  of 
any  such  system,  piping  or  apparatus  installed  or  maintained  in 
violation  of  any  of  the  provisions  of  this  article  or  the  rules  adopted 
hereunder.  Said  rules,  hereafter  adopted,  and  any  changes  thereof, 
shall  be  published  in  the  City  Record  on  8 successive  Mondays 
before  they  shall  become  operative. 


BUILDING  CODE 


129 


Nothing  herein  contained  or  in  the  rules  adopted  hereunder  shall 
require  the  alteration  or  reconstruction  of  any  existing  work  that 
was  lawfully  installed,  nor  prevent  repairs  or  the  addition  of  new 
fixtures  to  existing  work  in  conformity  with  the  practice  followed 
in  the  original  installation;  provided,  however,  that,  when  such 
repairs  involve  the  removal  or  alteration  of  more  than  one-half 
of  the  existing  work  affected  by  the  repairs,  the  rules  in  force  at  the 
time  of  such  repairs  shall  apply. 

§ 601.  Shut-off  valves. — Every  building  hereafter  erected  and  also 
every  existing  building,  other  than  residence  buildings  occupied 
exclusively  by  one  or  two  families  and  having  not  more  than  15 
sleeping  rooms,  which  may  be  supplied  from  some  outside  source 
with  gas,  vapor  or  fluid,  shall  have  a conveniently  accessible  stop- 
cock or  other  suitable  device  fixed  to  the  supply  pipes  leading  into 
the  building  at  a place  outside  of  the  building,  so  arranged  as  to 
allow  the  supply  to  be  shut  off.  Such  stopcock  or  other  device 
shall  be  so  marked  as  to  indicate  either  the  contents  and  purpose 
of  the  supply  pipe  to  which  it  is  attached,  or  the  company  to  which 
the  device  belongs. 

§ 602.  Tests  of  'plumbing. — No  person  shall  use  or  permit  the  use 
of  any  new  system  of  plumbing  and  drainage  hereafter  installed  in 
any  building  before  the  same  has  been  tested  under  the  supervision 
of  the  bureau  of  buildings  and  in  accordance  with  its  rules,  to  insure 
the  tightness  of  the  sytem,  nor  until  a proper  and  adequate  water 
supply  has  been  provided.  The  superintendent  of  buildings  shall, 
within  a reasonable  time  after  being  requested  to  do  so,  cause  to  be  in- 
spected and  tested  any  system  of  plumbing  and  drainage  that  is 
ready  for  such  inspection  and  test,  and,  if  the  work  is  found  satis- 
factory and  the  test  requirements  are  complied  with  shall  issue  a 
certificate  to  that  effect.  Nothing  herein  contained  shall  prevent  the 
inspection  and  test  of  part  of  a system  or  the  issuance  of  a partial 
certificate,  nor  prevent  the  use  of  such  part  of  a larger  system  pro- 
vided that  such  part  constitutes  by  itself  a complete  system  properly 
tested  and  supplied  with  water. 

§ 603.  Tests  of  gas-piping, — No  person  shall  use  or  permit  the  use 
of  any  new  system  or  an  extension  of  an  old  system  of  gas  piping 
in  any  building  before  the  same  has  been  inspected  and  tested  under 
the  supervision  of  the  bureau  of  buildings  and  in  accordance  with 
its  rules,  to  insure  the  tightness  of  the  system.  The  superintendent 
of  buildings  shall,  within  a reasonable  time  after  being  requested 
to  do  so,  cause  to  be  inspected  and  tested  any  system  of  gas  piping 
that  is  ready  for  such  inspection  and  test,  and  if  the  work  is  found 
satisfactory  and  the  test  requirements  are  complied  with,  he  shall 
issue  a certificate  to  that  effect.  Nothing  herein  contained  shall 
prevent  the  use  of  existing  systems  of  gas  piping  without  further 
inspection  or  test,  unless  the  superintendent  of  buildings  has  reason 
to  believe  that  defects  exist  which  make  the  system  dangerous  to 
life  or  property. 

§ 604.  Registration  of  plumbers. — Once  in  each  year  every  em- 
ploying or  master  plumber  carrying  on  his  trade,  business  or  calling 
in  the  city  shall  register  his  name  and  address  at  the  office  of  the 
bureau  of  buildings  in  the  borough  of  the  said  city  in  which  he  per- 
forms work,  under  such  rules  as  the  said  bureau  may  prescribe. 
9 


130  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

No  person,  corporation  or  copartnership  shall  engage  in  or  carry 
on  the  trade,  business  or  calling  of  employing  or  master  plumber 
in  the  city  unless  the  name  and  address  of  such  person  and  the  presi- 
dent, secretary  or  treasurer  of  the  corporation,  or  of  each  and  every 
member  of  the  copartnership  shall  have  been  registered  as  above 
provided. 

ARTICLE  30 

ALTERING,  CHANGING  OR  DEMOLISHING  BUILDINGS 

Sec.  620.  Alteration  of  brick  buildings. 

§ 621.  Altering  use  of  frame  buildings. 

§ 622.  Increasing  height  of  buildings. 

§ 623.  Raising  or  lowering  to  grade. 

§ 624.  Demolishing  buildings. 

§ 620.  Alteration  of  brick  buildings. — Within  the  fire  limits,  no 
brick  building  shall  be  enlarged  or  built  upon  unless  the  exterior  walls 
of  said  addition  or  enlargement  be  constructed  of  incombustible 
materials;  provided,  however,  that  such  brick  building  may  be 
raised,  lowered  or  altered  under  the  same  circumstances  and  in  the 
manner  provided  for  in  this  article. 

§ 621.  Altering  use  of  frame  buildings. — Within  the  fire  limits, 
no  frame  building  more  than  2 stories  in  height,  now  used  as  a dwell- 
ing, shall  hereafter  be  raised  or  altered  to  be  used  as  a factory,  ware- 
house or  stable. 

§622.  Increasing  height  of  buildings. — 1.  Generally.  Within  the 
fire  limits,  the  owner  or  owners  of  any  brick  dwelling  house  with 
8-inch  walls,  or  of  any  wood  building  already  erected  that  has  a 
peaked  roof,  shall  not  raise  the  same  for  the  purpose  of  making  a 
flat  roof  thereon,  unless  the  same  be  raised  with  the  same  kind  of 
material  as  the  building,  and  unless  such  new  roof  be  covered  with 
fireproof  material,  and  provided  that  such  building,  when  so  raised, 
shall  not  exceed  40  feet  in  height  to  the  highest  part  thereof.  All 
such  buildings  must  exceed  25  feet  in  height  to  the  peak  of  the  main 
roof  before  the  said  alteration  and  raising.  In  increasing  the  height 
of  any  such  building,  the  entire  area  which  such  building  covers 
may  be  raised  to  a uniform  height.  If  any  such  building  has  an 
extension  of  less  width  than  the  main  building,  the  same  may  be 
increased  in  width  to  the  full  width  of  the  main  building,  with  the 
same  kind  of  material  and  to  the  same  height  as  the  main  building. 
Any  such  building  may  be  extended  either  on  the  front  or  rear  to  a 
depth  of  not  more  than  15  feet  and  not  more  than  the  width  of  the 
building,  and  not  more  than  2 stories  and  basement  in  height,  with 
the  same  kind  of  material  as  the  building. 

2.  Frame  building  to  conform  to  row.  Any  frame  building  situated 
in  a row  of  frame  .buildings  may  be  increased  in  height  to  conform 
to  the  height  of  adjoining  buildings. 

3.  Frame  dwellings.  The  restrictions  contained  in  this  section 
shall  not  prohibit  one-story  and  basement  frame  dwelling  houses 
from  being  increased  one  additional  story  in  height. 

§ 623.  Raisimg  or  lowering  to  grade. — If  any  building  shall  have 


BUILDING  CODE 


131 


been  built  before  the  street  upon  which  it  is  located  is  graded,  or  if 
the  grade  is  altered,  such  building  may  be  raised  or  lowered  to  meet 
the  requirements  of  such  grade. 

§ 624.  Demolishing  buildings. — In  demohshing  any  building, 
story  after  story  shall  be  completely  removed.  No  material  shall  be 
placed  upon  the  floor  of  any  such  building  in  the  course  of  demolition, 
but  the  brick,  timbers  and  other  structural  parts  of  each  story  shall 
be  lowered  to  the  ground  immediately  upon  displacement.  The 
owner,  architect,  builder  or  contractor  for  any  building,  structure, 
premises,  wall,  platform,  staging  or  flooring  to  be  demolished  shall 
give  not  less  than  24  hours  notice  to  the  bureau  of  buildings  of  such 
intended  demolition. 


ARTICLE  31 

UNSAFE  BUILDINGS  AND  COLLAPSED  STRUCTURES 

Sec.  630.  Removal  or  repair  of  buildings. 

§ 631.  Record  and  notice  of  unsafe  building. 

§ 632.  Voluntary  abatement. 

§ 633.  Disregard  of  notice;  survey. 

§ 634.  Judicial  review  of  survey. 

§ 635.  Repair  or  removal  under  precept. 

§ 636.  Provision  for  expense  of  executing  precept. 

§ 637.  Return  of  precept;  reimbursement  of  city. 

§ 638.  Fallen  buildings;  buildings  imminently  perilous. 

§ 639.  Emergency  fund. 

§ 630.  Removal  or  repair  of  buildings. — Any  building  or  buildings, 
part  or  parts  of  a building,  staging  or  other  structure  that  from  any 
cause  may  now  be,  or  shall  at  any  time  hereafter  become  dangerous 
or  unsafe,  may  be  taken  down  and  removed,  or  made  safe  and  secure. 

§ 631.  Record  and  notice  of  unsafe  building. — Immediately  upon 
receiving  information  that  a building  or  buildings,  or  part  or  parts 
of  a building,  staging  or  structure  is  unsafe  or  dangerous,  the  super- 
intendent of  buildings  shall  cause  the  same  to  be  immediately  en- 
tered upon  a docket  of  unsafe  buildings  to  be  kept  in  his  bureau; 
and  the  owner,  or  some  one  of  the  owners,  executors,  administrators, 
agents,  lessees  or  any  other  person  or  persons  who  may  have  a vested 
or  contingent  interest  in  the  same,  may  be  served  with  a printed  or 
written  notice  containing  a description  of  the  premises  or  structure 
deemed  unsafe  or  dangerous,  requiring  the  same  to  be  made  safe  and 
secure  or  removed,  as  the  same  may  be  deemed  necessary  by  the 
superintendent  of  buildings,  which  notice  shall  require  the  person 
or  persons  thus  served  to  immediately  certify  to  the  superintendent 
his  or  their  assent  or  refusal  to  secure  or  remove  the  same. 

(B.  C.,  sec.  153,  rev.  from  L.  1882,  ch.  410,  § 509,  as  amend.) 

The  city  is  not  responsible  for  the  acts  or  omissions  of  the  officers  of  the  Building 
Department  who,  in  the  exercise  of  sovereign  power,  have  the  duty  of  examining 
and  removing  dangerous  buildings.  Conners  v.  Mayor,  11  Hun,  439.  But  the 
head  of  the  department  may  be  liable  for  his  official  neglect  to  a person  injured 
thereby.  Connors  v.  Adams,  13  Hun,  427.  As  to  expenses  to  which  the  owner  is 
liable.  Matter  of  City  of  N.  Y.  v.  Unsafe  Building,  130  App.  Div.  396. 


1)^2  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

§ 632.  Voluntary  abatement. — If  the  person  or  persons  so  served 
with  notice  shall  immediately  certify  his  or  their  assent  to  the  secur- 
ing or  removal  of  said  unsafe  or  dangerous  buildings,  premises  or 
structure,  he  or  they  shall  be  allowed  until  1 o’clock  p.  m.  of  the  day 
following  the  service  of  such  notice,  in  which  to  commence  the  secur- 
ing or  removal  of  the  same;  and  he  or  they  shall  employ  sufficient 
labor  and  assistance  to  secure  or  remove  the  same  as  expeditiously 
as  the  same  can  be  done. 

§ 633.  Disregard  of  notice;  survey. — 1.  Notice  of  survey.  Upon  the 
refusal  or  neglect  of  the  persons  served  with  the  notice  for  which 
provision  is  made  in  the  preceding  section  to  comply  with  any  of  the 
requirements  thereof,  a further  notice  shall  be  served  upon  him  or 
them,  in  the  manner  heretofore  prescribed,  notifying  him  or  them 
that  a survey  of  the  premises  named  in  said  notice  will  be  made  at 
the  time  and  place  therein  named,  which  time  may  not  be  less  than 
24  hours  nor  more  than  3 days  from  the  time  of  the  service  of  said 
notice,  by  three  competent  persons,  one  of  whom  shall  be  the  super- 
intendent of  buildings  or  an  inspector,  designated  in  writing  by  said 
superintendent,  another  of  whom  shall  be  an  architect,  appointed  by 
the  New  York  Chapter  of  the  American  Institute  of  Architects 
for  the  boroughs  of  Manhattan,  The  Bronx  and  Richmond,  and  by 
the  Brooklyn  Chapter  of  the  American  Institute  of  Architects  for 
the  boroughs  of  Brooklyn  and  Queens,  depending  upon  the  borough 
or  boroughs  in  which  the  property  is  located;  another  of  whom  shall 
be  a practical  builder  or  architect  appointed  by  the  person  or  persons 
thus  notified.  In  case  the  person  or  persons  served  with  such  notice 
shall  neglect  or  refuse  to  appoint  such  surveyor,  the  other  two  sur- 
veyors may  make  the  survey,  and  in  case  of  a disagreement  of  the 
latter,  they  shall  appoint  a third  person  to  take  part  in  such  survey, 
who  shall  also  be  a practical  builder  or  architect  of  at  least  10  years’ 
practice,  whose  decision  shall  be  final.  The  notice  shall  also  set 
forth  that  in  case  the  premises  referred  to  therein  shall  be  reported 
unsafe  or  dangerous  under  such  survey,  the  said  report  will  be  placed 
before  a court  therein  named  having  jurisdiction  to  the  extent  of 
$1,000,  and  that  a trial  upon  the  allegations  and  statements  con- 
tained in  said  report,  be  the  report  of  said  surveyors  more  or  less 
than  is  contained  in  the  said  notice  of  survey,  will  be  had  before 
said  court,  at  a time  and  place  therein  named,  to  determine  whether 
said  unsafe  or  dangerous  building  or  premises  shall  be  repaired  and 
secured  or  taken  down  and  removed,  and  that  a report  of  said  survey, 
reduced  to  writing  shall  constitute  the  issue  to  be  placed  before  the 
court  for  trial. 

2.  Posting  report  of  survey.  A copy  of  the  report  of  the  survey 
shall  be  posted  on  the  building  the  subject  thereof  by  the  persons 
holding  the  survey  immediately  on  their  signing  such  report. 

3.  Compensation  of  surveyor.  The  architect  appointed  by  the 
Chapters  of  the  American  Institute  of  Architects  as  hereinbefore 
provided  who  may  act  on  any  survey  called  in  accordance  with  the 
provisions  of  this  article,  shall  be  entitled  to  and  receive  the  sum  of 
$25,  to  be  paid  by  the  comptroller  upon  the  voucher  of  the  super- 
intendent of  buildings.  A cause  of  action  is  hereby  created  for  the 
benefit  of  the  city  against  the  owner  or  owners  of  said  building, 
staging  or  structure,  and  of  the  lot  or  parcel  of  land  on  which  the 


BUILDING  CODE 


133 


same  is  situated,  for  the  amount  so  paid  with  interest.  The  amount 
so  collected  shall  be  paid  over  to  the  comptroller  in  reimbursement 
of  the  amounts  so  paid  by  him  as  aforesaid. 

(B.  C.  sec.  154,  rev.  from  L.  1882,  ch.  410,  § 510,  as  amend.) 

Only  the  defects  mentioned  in  the  preliminary  notice  can  be  tried.  If  others  are 
found,  a new  survey  must  be  had.  Matter  of  Unsafe  Building,  1 Abb.  N.  C.  464. 

See  also  Cain  v.  City  Syracuse,  95  N.  Y.  83. 

§ 634.  Judicial  review  of  survey. — 1.  Institution  of  proceeding. 
Whenever  the  report  of  any  such  survey  had  as  aforesaid  shall 
recite  that  the  building,  premises  or  structure  thus  surveyed  is  unsafe 
or  dangerous,  the  corporation  counsel  shall  at  the  time  specified  in 
the  notice  place  notice  and  report  before  the  justice  holding  a special 
term  of  the  court  named  in  the  notice. 

2.  Precedence  of  proceeding.  The  determination  of  the  issue  in  an 
unsafe  building  proceeding  shall  have  precedence  over  every  other 
business  of  such  court,  and  the  justice  holding  the  same  shall  imme- 
diately proceed  to  obtain  and  impanel  a jury,  and  to  the  trial  of  the 
issue  before  the  jury. 

3.  Postponement  of  trial.  In  case  the  issue  shall  not  be  tried  at  the 
time  specified  in  said  notice,  or  to  which  the  trial  may  be  adjourned, 
the  same  may  be  brought  to  trial  at  any  time  thereafter  by  the 
superintendent  of  buildings  without  a new  survey,  upon  not  less  than 
3 days^  notice  of  trial  to  the  person  or  persons  upon  whom  the 
original  notice  was  served,  or  to  his  or  their  attorney,  which  notice  of 
trial  may  be  served  in  the  same  manner  as  said  original  notice. 

4.  Trial  hy  jury.  The  justice  before  whom  any  such  issue  shall  be 
brought  on  for  trial  shall  have  power  to  impanel  a jury  for  that  pur- 
pose from  any  jurors  in  attendance  upon  his  court,  or  in  case  sufficient 
jurors  shall  not  be  in  attendance,  then  from  any  jurors  that  may  be 
summoned  for  that  purpose.  The  justice  shall  have  power  to  sum- 
mon jurors  for  that  purpose,  and  shall  try  said  issue  without  adjourn- 
ment, except  as  may  be  necessary  from  day  to  day.  The  verdict  of 
the  jury  in  any  such  trial  shall  be  exclusive  and  final. 

5.  Trial  without  jury.  A jury  trial  may  be  waived  by  the  default 
of  the  defendant  or  defendants  to  appear  at  the  time  and  place 
named  in  said  notice,  or  by  agreement,  and  in  such  case  the  trial  may 
be  by  court,  justice  or  referee,  whose  report  or  decision  in  the  matter 
shall  be  final.  Any  such  suit  or  proceeding  commenced  before  a 
justice  may  be  continued  before  another  of  the  same  court. 

6.  Precept  to  abate.  Upon  the  rendition  of  a verdict  or  decision  of 
the  court,  justice  or  referee,  if  the  said  verdict  or  decision  shall  find 
the  said  building,  premises  or  structure  to  be  unsafe  or  dangerous, 
the  justice  trying  the  cause,  or  to  whom  the  report  of  the  referee 
trying  said  cause  shall  be  presented,  shall  immediately  issue  a precept 
directed  to  the  superintendent  of  buildings,  reciting  said  verdict  or 
decision,  and  commanding  him  forthwith  to  repair  and  secure,  or 
take  down  or  remove,  as  the  case  may  be,  the  unsafe  or  dangerous 
building,  buildings,  part  or  parts  thereof,  staging,  structure  or  other 
premises  that  shall  have  been  named  in  the  said  report,  in  accordance 
with  such  verdict  or  decision. 

§ 635.  Repair  or  removal  under  precept. — Upon  receiving  a precept 
issued  under  the  provisions  of  the  preceding  section,  the  superintend- 
ent of  buildings  referred  to  therein  shall  immediately  proceed  to 


134  CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 

execute  the  same,  as  therein  directed,  and  may  employ  such  labor 
and  assistance  and  furnish  such  materials  as  may  be  necessary  for 
that  purpose,  provided,  nevertheless,  that  immediately  upon  the 
issuing  of  said  precept,  the  owner  of  said  building,  staging  or  struc- 
ture, or  premises,  or  any  party  interested  therein,  upon  application 
to  the  superintendent  of  buildings,  shall  be  allowed  to  perform  the 
requirements  of  the  precept  at  his  own  proper  cost  and  expense,  but 
the  same  shall  be  done  immediately  and  in  accordance  with  the 
requirements  of  said  precept,  and  upon  the  payment  of  all  costs  and 
expenses  incurred  up  to  that  time  by  the  city,  and  provided,  further, 
that  the  superintendent  of  buildings  shall  have  authority  to  modify 
the  requirements  of  said  precept  upon  application  to  him  therefor,  in 
writing,  by  the  owner  or  owners  of  said  building,  staging  or  structure, 
or  his  or  their  representative,  when  he  shall  be  satisfied  that  such 
change  shall  secure  equally  well  the  safety  of  said  building,  staging  or 
structure. 

§ 636.  Provision  for  expense  of  executing  precept. — In  and  about  all 
preliminary  proceedings,  as  well  as  the  carrying  into  effect  any  order 
of  the  court,  or  justice  thereof,  or  any  precept  issued  by  any  court, 
or  justice  thereof,  the  superintendent  of  buildings  may  make  re- 
quisition upon  the  comptroller  for  such  amount  of  money  as  shall 
be  necessary  to  meet  the  expenses  thereof;  and  upon  the  same  being 
approved  by  any  justice  of  the  court  from  which  the  said  order  or 
precept  was  issued  and  presented  to  the  comptroller,  he  shall  pay  the 
same,  and  for  that  purpose  shall  borrow  and  raise,  upon  revenue 
bonds,  to  be  issued  as  provided  in  section  188  of  the  charter,  the 
several  amounts  that  may  from  time  to  time  be  required,  which  shall 
be  reimbursed  by  the  payment  of  the  amount  and  interest  at  six  per 
cent,  out  of  a.ny  judgment  obtained  as  hereinafter  provided,  if  the 
same  shall  be  collected. 

§ 637.  Return  of  precept;  reimhursement  of  city. — Upon  compliance 
with  any  precept  issued  to  him  in  an  unsafe  building  proceeding,  the 
superintendent  of  buildings  to  whom  the  precept  issued  shall  make 
return  thereof,  with  an  indorsement  of  the  action  thereunder  and  the 
cost  and  expenses  thereby  incurred,  to  the  justice  then  holding  the 
special  term  of  the  court  from  which  such  precept  issued,  and  there- 
upon said  justice  shall  tax  and  adjust  the  amount  indorsed  upon  said 
precept,  and  shall  adjust  and  allow  the  disbursements  of  the  proceed- 
ing, together  with  the  preliminary  expenses  of  searches  and  surveys 
thereof,  which  shall  be  inserted  in  the  judgment  in  said  action  or 
proceeding,  and  shall  render  judgment  for  such  amount,  and  for  the 
sale  of  the  said  premises  in  the  said  notice  named,  together  with  all 
the  right,  title  and  interest  that  the  person  named  in  the  said  notice 
had  in  the  lot,  ground  or  land  upon  which  the  said  building  or  struc- 
ture was  placed,  at  the  time  of  the  filing  of  a notice  of  lis  pendens  in 
the  said  proceedings,  or  at  the  time  of  the  entry  of  judgment  therein 
to  satisfy  the  same,  which  shall  be  in  the  same  manner  and  with  like 
effect  as  sales  under  judgment  in  foreclosure  of  mortgages.  The 
notice  of  lis  pendens  provided  for  in  this  section  shall  consist  of  a 
copy  of  said  notice  of  survey  and  shall  be  filed  in  the  office  of  a county 
clerk  in  the  county  where  the  property  affected  by  such  action,  suit 
or  proceeding  is  located. 

§638.  Fallen  buildings;  buildings  imminently  perilous. — 1.  Re^ 


BUILDING  CODE 


135 


covery  of  bodies  from  wrecked  building.  In  case  of  the  falling  of  any 
building  or  part  thereof  in  the  city,  where  persons  are  known  or 
believed  to  be  buried  under  the  ruins  thereof,  the  fire  commissioner 
shall  cause  an  examination  of  the  premises  to  be  made  for  the  re- 
covery of  the  bodies  of  the  killed  and  injured.  Whenever,  in  making 
such  examination,  it  shall  be  necessary  to  remove  any  debris  from  the 
premises  the  commissioners  of  the  departments  of  docks,  parks,  and 
street  cleaning,  and  the  superintendent  of  the  appropriate  bureau  of 
highways,  respectively,  when  called  upon  by  the  superintendent 
of  buildings,  to  co-operate  shall  provide  a suitable  and  convenient 
dumping  place  for  the  deposit  of  such  debris. 

2.  Temporary  safeguards  for  dangerous  buildings.  In  case  there 
shall  be,  in  the  opinion  of  the  superintendent  of  buildings,  actual  and 
immediate  danger  of  the  falling  of  any  building  or  part  thereof  so  as 
to  endanger  life  or  property,  said  department  shall  cause  the  neces- 
sary work  to  be  done  to  render  said  building  or  part  thereof  tem- 
porarily safe  until  the  proper  proceedings  can  be  taken,  as  in  the  case 
of  an  unsafe  building,  as  provided  for  in  this  article. 

3.  Vacating  buildings;  closing  streets  and  sidewalks.  The  superin- 
tendent of  buildings  is  hereby  authorized  and  empowered  in  such 
cases,  and  also  where  any  building  or  part  thereof  has  fallen  and  life 
is  endangered  by  the  occupation  thereof,  to  order  and  require  the 
inmates  and  occupants  of  such  building  or  part  thereof  to  vacate  the 
same  forthwith,  and  the  superintendent  may,  when  necessary  for  the 
public  safety,  temporarily  close  the  sidewalks  and  streets  adjacent 
to  such  building  or  part  thereof,  and  prohibit  the  same  from  being 
used,  and  the  police  commissioner,  when  called  upon  by  the  superin- 
tendent of  buildings  to  co-operate,  shall  enforce  such  orders  or  re- 
quirements. 

4.  Laborers  and  materials.  For  the  purposes  of  this  section,  the 
fire  commissioner  or  the  superintendent  of  buildings,  as  the  case 
may  be,  shall  employ  such  laborers  and  materials  as  may  be  neces- 
sary to  perform  said  work  as  speedily  as  possible. 

While  debris  may  be  removed  it  cannot  be  stored  at  the  city’s  expense.  People 
ex  rel.  Dunn  v.  Metz,  115  App.  Div.  269. 

§ 639.  Emergency,  fund. — 1.  Sources.  The  corporation  counsel 
shall,  on  the  first  day  of  each  and  every  month,  render  to  each  super- 
intendent of  buildings  an  account  of  and  pay  over  to  him  the  amount 
of  such  penalties  and  costs  received  by  him^  together  with  his  bill 
for  all  necessary  disbursements  incurred  or  paid  in  said  suits,  keeping 
a separate  account  for  each  superintendent.  Each  superintendent 
shall  pay  over  monthly  the  amount  of  such  penalties  and  costs  so 
collected  to  the  comptroller,  as  a fund  for  the  use  and  benefit  of  his 
bureau. 

2.  Purposes.  The  fund  aforesaid  shall  be  used  for  the  purpose 
of  paying  expenses  incurred  by  the  several  superintendents  of  build- 
ings under  § 638  of  this  chapter,  and  also  for  the  purpose  of  carrying 
into  effect  any  order  or  precept  issued  by  any  court,  judge  or  justice 
to  any  superintendent  of  buildings,  and  upon  the  requisition  of  the 
superintendent  having  jurisdiction.  The  comptroller  shall  pay 
such  sums  as  may  be  allowed  and  adjusted  by  any  court  of  record, 
or  a judge  or  justice  thereof,  for  such  purposes,  as  far  as  the  same 
may  be  in  his  hands. 


136 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


3.  Accounts.  A separate  account  shall  be  kept  by  the  comp- 
troller of  the  moneys  paid  to  him  by  each  superintendent  of  build- 
ings, and  no  moneys  shall  be  paid  for  such  purposes  to  any  superin- 
tendent except  from  the  account  of  the  funds  received  from  him. 

ARTICLE  32 

ENFORCEMENT  OF  CHAPTER 

Sec.  650.  Notices  of  requirements  or  of  violations. 

§ 651.  Emergency  measures. 

§ 652.  Judicial  remedies. 

§ 653.  Judicial  orders. 

§ 654.  Penalties. 

§ 650.  Notices  of  requirements  or  of  violations. — 1.  Issue.  Ail 
notices  of  the  violation  of  any  of  the  provisions  of  this  chapter,  and 
all  notices  directing  any  thing  to  be  done,  required  thereby,  and  all 
other  notices  that  may  be  required  or  authorized  to  be  issued  there- 
under, including  notice  that  any  building,  structure,  premises,  or 
any  part  thereof,  is  deemed  to  be  unsafe  or  dangerous,  shall  be  issued 
by  the  superintendent  of  buildings,  and  shall  have  his  name  affixed 
thereto. 

2.  Contents.  Each  such  notice  or  order  shall  contain  a description 
of  the  building,  premises  or  property  on  which  such  violation  shall 
have  been  put  or  may  exist,  or  which  may  be  deemed  unsafe  or 
dangerous,  or  to  which  such  notice  or  order  may  refer. 

3.  Personal  service.  All  such  notices,  and  any  notice  or  order 
issued  by  any  court  in  any  proceeding  instituted  pursuant  to  this 
chapter  to  restrain  or  remove  any  violation,  or  to  enforce  compli- 
ance with  any  provision  or  requirement  of  this  chapter,  may  be 
served  by  delivering  to  and  leaving  a copy  of  the  same  with  any 
person  or  persons  violating,  or  who  may  be  liable  under  any  pro- 
vision of  this  chapter,  or  to  whom  the  same  may  be  addressed.  They 
may  be  served  by  any  officer  or  employee  of  the  bureau  of  buildings 
or  by  any  person  authorized  by  the  said  bureau. 

4.  Posting.  If  the  person  to  whom  any  such  order  or  notice  is 
addressed  cannot  be  found,  after  diligent  search  shall  have  been  made 
for  him  or  them,  then  such  notice  or  order  may  be  served  by  posting 
the  same  in  a conspicuous  place  upon  the  premises  where  such  viola- 
tion is  alleged  to  have  been  placed  or  to  exist,  or  to  which  such 
notice  or  order  may  refer,  or  which  may  be  deemed  unsafe  or  danger- 
ous, which  shall  be  equivalent  to  a personal  service  of  said  notice  or 
order  upon  all  parties  for  whom  such  search  shall  have  been  made. 

5.  Service  of  non-residents.  If  the  person  or  persons  or  any  of  them, 
to  whom  said  notice  or  order  is  addressed,  do  not  reside  in  the  state 
of  New  York,  and  have  no  known  place  of  business  therein,  the  same 
may  be  served  by  delivering  to  and  leaving  with  such  person  or 
persons,  or  either  of  them,  a copy  thereof,  or,  if  said  person  or  per- 
sons cannot  be  found  within  said  state  after  diligent  search,  then  by 
posting  a copy  of  the  same  in  manner  as  aforesaid  and  depositing  a 
copy  thereof  in  a post  office  in  the  city,  inclosed  in  a sealed  wrapper 
addressed  to  said  person  or  persons  at  his  or  their  last  known  place  of 


BUILDING  CODE 


137 


residence,  with  the  postage  paid  thereon;  and  said  posting  and  mail- 
ing of  a copy  of  said  notice  or  order  shall  be  equivalent  to  personal 
service  of  said  notice  or  order. 

(B.  C.,  sec.  152,  rev.  from  L.  1882,  ch.  410,  § 507,  as  amend.) 

See  Greenhaus  v.  Alter,  30  App.  Div.  585;  Fire  Dept.  v.  Williamson,  I Robt.  476. 

§651.  Emergency  measures. — 1.  Stopping  work;  vacating  and  se- 
curing building.  In  case  there  shall  be,  in  the  opinion  of  the  president 
of  the  borough,  or  superintendent  of  buildings,  danger  to  Me  or  prop- 
erty by  reason  of  any  defective  or  illegal  work,  or  work  in  violation 
of  or  not  in  comphance  with  any  of  the  provisions  or  requirements 
of  this  chapter,  the  president  or  superintendent,  or  such  person 
as  may  be  designated  by  either  of  them,  shall  have  the  right  and 
he  is  hereby  authorized  and  empowered  to  order  all  further  work  to 
be  stopped  in  and  about  said  building,  and  to  require  all  persons  in 
and  about  said  building  forthwith  to  vacate  the  same,  and  to  cause 
such  work  to  be  done  in  and  about  the  building  as  in  his  judgment 
may  be  necessary  to  remove  any  danger  therefrom. 

2.  Closing  street  temporarily.  The  president  of  the  borough  or 
superintendent  of  buildings  may,  when  necessary  for  the  public 
safety,  temporarily  close  the  sidewalks  and  the  streets  adjacent 
to  said  building  or  part  thereof,  and  the  police  commissioner,  or 
any  of  his  subordinates,  when  called  upon  by  the  said  borough 
president  or  superintendent  of  buildings  to  co-operate,  shall  enforce 
such  orders  or  requirements. 

§ 652.  Judicial  remedies. — 1.  Action  or  proceeding^  generally. 
Whenever  the  superintendent  of  buildings  is  satisfied  that  any  build- 
ing or  structure,  or  any  portion  thereof,  or  any  drainage  or  plumbing, 
the  erection,  construction  or  alteration,  execution  or  repair  of  which 
is  regulated,  permitted  or  forbidden  by  this  chapter,  is  being  erected, 
constructed,  altered  or  repaired,  or  has  been  erected,  constructed, 
altered  or  repaired,  in  violation  of,  or  not  in  compliance  with,  any 
of  the  provisions  or  requirements  of  this  chapter,  or  in  violation  of 
any  detailed  statement  of  specifications  of  plans  submitted  and 
approved  thereunder,  or  of  any  certificate  or  permit  issued  there- 
under, or  that  any  provision  or  requirement  of  this  chapter,  or  any 
order  or  direction  made  thereunder  has  not  been  complied  with, 
or  that  plans  and  specifications  for  plumbing  and  drainage  have 
not  been  submitted  or  filed  as  required  by  this  chapter,  the  superin- 
tendent may,  in  his  discretion,  through  the  corporation  counsel, 
institute  any  appropriate  action  of  proceeding  at  law  or  in  equity 
to  restrain,  correct  or  remove  such  violation,  or  the  execution  of  any 
work  thereon,  or  to  restrain  or  correct  the  erection  or  alteration  of, 
or  to  require  the  removal  of,  or  to  prevent  the  occupation  or  use  of, 
the  building  or  structure  erected,  constructed,  or  altered,  in  violation 
of,  or  not  in  compliance  with,  any  of  the  provisions  of  this  chapter, 
or  with  respect  to  which  the  requirements  thereof,  or  of  any  order 
or  direction  made  pursuant  to  any  provisions  contained  therein, 
shall  not  have  been  comphed  with. 

2.  Corporation  counsel  to  act.  The  corporation  counsel  is  author- 
ized to  institute  any  and  all  actions  and  proceedings,  either  legal 
or  equitable  that  may  be  appropriate  or  necessary  for  the  enforce- 
ment of  the  provisions  of  this  chapter. 

3.  Courts  having  jurisdiction.  All  courts  of  civil  jurisdiction  in  the 


138  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

city  shall  have  cognizance  of  and  jurisdiction  over  any  and  all  suits 
and  proceedings  authorized  by  this  chapter  to  be  brought  for  the 
recovery  of  any  penalty  or  the  enforcement  of  any  provision  of  this 
chapter,  and  shall  give  preference  to  such  suits  and  proceedings 
over  all  others.  No  court  shall  lose  jurisdiction  of  any  action  here- 
under by  reason  of  a plea  that  the  title  to  real  estate  is  involved; 
provided  the  object  of  the  action  is  to  recover  a penalty  for  the 
violation  of  any  of  the  provisions  of  this  chapter.  All  civil  courts 
in  said  city  are  hereby  invested  with  full  legal  and  equitable  juris- 
diction to  hear,  try  and  determine  all  such  actions  and  proceedings, 
and  to  make  appropriate  orders  and  render  judgment  therein  ac- 
cording to  law,  so  as  to  give  force  and  effect  to  the  provisions  of 
this  chapter. 

4.  Restraining  order.  In  any  such  action  or  proceeding  the  city 
may,  in  the  discretion  of  the  superintendent  of  buildings  and  on  his 
affidavit  setting  forth  the  facts,  apply  to  any  court  of  record  in  said 
city  or  to  a judge  or  justice  thereof,  for  an  order  enjoining  and  re- 
straining all  persons  from  doing,  or  causing  or  permitting  to  be  done, 
any  work  in  or  upon  such  building  or  structure,  or  in  or  upon  such 
part  thereof  as  may  be  designated  in  said  affidavit  for  any  purpose 
whatever,  [until  the  hearing  structure,  or  such  portion  thereof  as 
may  be  designated  in  said  affidavit  for  any  purpose  whatever,]  until 
the  hearing  and  determination  of  said  action  and  the  entry  of  final 
judgment  therein.  The  court,  or  judge  or  justice  thereof,  to  whom 
such  application  is  made,  is  hereby  authorized  forthwith  to  make 
any  or  all  of  the  orders  above  specified,  as  may  be  required  in  such 
application,  with  or  without  notice,  and  to  make  such  other  or  further 
orders  or  directions  as  may  be  necessary  to  render  the  same  effectual. 
No  undertaking  shall  be  required  as  a condition  to  the  granting  or 
issuing  of  such  injunction  order,  or  by  reason  thereof. 

(So  in  original,  brackets  are  the  edit  or  ^s.) 

5.  Judgment.  All  courts  in  which  any  action  or  proceeding  is 
instituted  under  this  chapter  shall,  upon  the  rendition  of  a verdict, 
report  of  a referee,  or  decision  of  a judge  or  justice,  render  judgment 
in  accordance  therewith. 

6.  Lien  of  judgment.  Any  judgment  rendered  in  an  action  or  pro- 
ceeding instituted  under  this  chapter  shall  be  and  become  a lien 
upon  the  premises  named  in  the  complaint  in  such  action,  to  date 
from  the  time  of  filing  of  a notice  of  hs  pendens  in  the  county  clerk’s 
office  of  the  county,  wherein  the  property  affected  by  such  action, 
suit,  or  proceeding,  is  located;  which  lien  may  be  enforced  against 
said  property,  in  every  respect,  notwithstanding  the  same  may  be 
transferred  subsequent  to  the  filing  of  the  said  notice. 

7.  Lis  pendens.  The  notice  of  lis  pendens  referred  to  in  the  last 
preceding  subdivision  of  this  section  shall  consist  of  a copy  of  the 
notice  issued  by  the  superintendent  of  buildings,  requiring  the  re- 
moval of  the  violation  and  a notice  of  the  suit  or  proceedings  in- 
stituted, or  to  be  instituted  thereon.  Such  notice  of  lis  pendens  may 
be  filed  at  any  time  after  the  service  of  the  notice  issued  by  the 
superintendent  as  aforesaid;  provided  he  may  deem  the  same  to 
be  necessary,  or  is  satisfied  that  the  owner  of  the  property  is  about 
to  transfer  the  same  to  avoid  responsibility  for  having  violated  a 
provision  of  this  chapter.  Any  notice  of  lis  pendens  filed  pursuant  to 


BUILDING  CODE 


139 


the  provisions  of  this  chapter  may  be  vacated  and  cancelled  of  rec- 
ord upon  an  order  of  a judge  or  justice  of  the  court  in  which  such 
suit  or  proceeding  was  instituted  or  is  pending,  or  upon  the  consent 
in  writing  of  the  corporation  counsel.  The  clerk  of  the  county  where 
the  notice  is  filed,  is  hereby  directed  and  required  to  mark  any  such 
notice  of  lis  pendens,  and  any  record  or  docket  thereof,  as  vacated 
and  cancelled  of  record,  upon  the  presentation  and  filing  of  a certified 
copy  of  an  order  as  aforesaid,  or  of  the  consent,  in  writing,  of  the 
corporation  counsel. 

8.  Costs.  In  no  case  shall  a bureau  of  buildings,  or  any  officer 
thereof,  or  the  city,  or  any  defendant,  be  liable  for  costs  in  any 
action,  suit  or  proceeding  that  may  have  been,  or  may  hereafter  be, 
instituted  or  commenced  in  pursuance  of  this  chapter,  unless  the 
same  shall  be  specially  ordered  and  allowed  against  any  defendant  or 
defendants,  by  a court  of  justice,  in  the  course  of  such  action,  suit 
or  proceeding. 

9.  Oj^ersnotliahle  for  damages.  No  officer  of  a bureau  of  buildings 
acting  in  good  faith  and  without  malice,  shall  be  liable  for  damages 
by  reason  of  anything  done  in  any  action  or  proceeding  instituted 
under  any  provision  of  this  chapter. 

§653.  Judicial  orders. — 1.  To  comply  with  building  notices.  In 
case  any  notice  or  direction  authorized  to  be  issued  by  this  chapter 
is  not  complied  with  within  the  time  designated  therein,  the  city, 
by  the  corporation  counsel,  may,  at  the  request  of  the  superintendent 
of  buildings,  apply  to  the  Supreme  Court,  at  a special  term  thereof, 
for  an  order  directing  the  superintendent  to  proceed  to  make  the  al- 
terations or  remove  the  violation  or  violations,  as  the  same  may  be 
specified  in  said  notice  or  direction. 

2.  To  vacate  for  violations.  Whenever  any  notice  or  direction  so 
authorized,  shall  have  been  served  as  directed  in  this  article,  and  the 
same  shall  not  have  been  complied  with  within  the  time  designated 
therein,  the  corporation  counsel  may,  at  the  request  of  the  superin- 
tendent of  buildings,  in  addition  to,  or  in  lieu  of  the  remedy  last 
above  provided,  apply  to  the  Supreme  Court,  at  a special  term  thereof 
for  an  order  directing  the  superintendent  to  vacate  such  building 
or  premises,  or  so  much  thereof  as  he  may  deem  necessary,  and 
prohibiting  the  same  to  be  used  or  occupied  for  any  purpose  specified 
in  said  order  until  such  notice  shall  have  been  complied  with. 

3.  Responsibility  of  lessees  or  occupants.  In  case  any  of  the  notices 
or  orders  of  court  herein  mentioned  shall  be  served  upon  any  lessee 
or  party  in  possession  of  the  building  or  premises  therein  described, 
it  shall  be  the  duty  of  the  person  upon  whom  such  service  is  made 
to  give  immediate  notice  to  the  owner  or  agent  of  the  building 
named  in  the  notice,  if  the  same  shall  be  known  to  the  said  person 
personally,  if  such  person  shall  be  within  the  limits  of  the  city,  and 
his  residence  be  known  to  such  person,  and,  if  not  within  said  city, 
then  by  depositing  a copy  of  said  notice  in  any  post-office  in  the  city, 
properly  inclosed  and  addressed  to  such  owner  or  agent,  at  his  then 
place  of  residence,  if  known,  and  by  paying  the  postage  thereon. 
In  case  any  such  lessee  or  party  in  possession  shall  neglect  or  refuse 
to  give  the  notice  herein  provided,  he  shall  be  personally  liable  to 
the  owner  or  owners  of  said  buildings  or  premises  for  all  damages 
he  or  they  shall  sustain  by  reason  thereof. 


140  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

4.  Reimbursement  of  city  for  expenses.  The  expenses  and  disburse- 
ments incurred  in  the  carrying  out  of  any  said  order  or  orders,  shall 
become  a lien  upon  said  building  or  premises  named  in  the  said  notice, 
from  the  time  of  filing  of  a copy  of  the  said  notice,  with  a notice  of 
the  pendency  of  the  action  or  proceeding  as  provided  in  this  chapter, 
taken  thereunder,  in  the  office  of  the  clerk  of  the  county  where  the 
property  affected  by  such  action,  suit  or  proceeding  is  located;  and 
the  Supreme  Court,  or  a judge  or  justice  thereof,  to  whom  applica- 
tion shall  be  made,  is  hereby  authorized  and  directed  to  grant  any 
of  the  orders  above  named,  and  to  take  such  proceedings  as  shall 
be  necessary  to  make  the  same  effectual,  and  any  said  judge  or  justice 
to  whom  application  shall  be  made  is  hereby  authorized  and  directed 
to  enforce  such  lien  in  accordance  with  the  mechanics^  lien  laws 
applicable  to  the  city. 

§ 654.  Penalties. — 1.  General.  The  owner  of  any  building,  struc- 
ture or  part  thereof,  or  wall,  or  any  platform,  staging  or  flooring  to 
be  used  for  standing  or  seating  purposes  where  any  violation  of  this 
chapter  shall  be  placed,  or  shall  exist,  and  any  architect,  builder, 
plumber,  carpenter  or  mason  who  may  be  employed  or  assist  in  the 
commission  of  any  such  violation,  and  any  and  all  persons  who  shall 
violate  any  of  the  provisions  of  this  chapter  or  fail  to  comply  there- 
with, or  any  requirement  thereof,  or  who  shall  violate  or  fail  to  comply 
with  any  detailed  order  or  regulation  made  thereunder,  or  who  shall 
build  in  violation  of  any  detailed  statement  or  specifications  or  plans, 
submitted  and  approved  thereunder,  or  of  any  certificate  or  permit 
issued  thereunder,  shall  severally,  for  each  and  every  such  violation 
and  non-compliance,  respectively,  forfeit  and  pay  a penalty  in  the 
sum  of  $50. 

2.  Heating  plant  and  fire  prevention  violations.  Any  person  who 
shall  violate  any  of  the  provisions  of  this  chapter,  as  to  the  con- 
struction of  chimneys,  fireplaces,  flues,  hot-air  pipes  and  furnaces, 
or  who  shall  violate  any  of  the  provisions  thereof  relating  to  the 
framing  or  trimming  of  timbers,  girders,  beams,  or  other  woodwork 
in  proximity  to  chimney  flues  or  fireplaces,  shall  forfeit  and  pay  a 
penalty  in  the  sum  of  $100. 

3.  Continuing  violation^  after  notice.  Any  person  who  having 
been  served  with  a notice  as  hereinbefore  prescribed,  to  remove  any 
violation,  or  comply  with  any  requirement  of  this  chapter,  or  with 
any  order  or  regulation  made  thereunder,  shall  fail  to  comply  with 
said  notice  within  10  days  after  such  service  or  shall  continue  to  vio- 
late any  requirement  of  this  chapter  in  the  respect  named  in  said 
notice  shall  pay  a penalty  of  $250. 

4.  Jurisdiction  of  penalty  actions.  For  the  recovery  of  any  said 
penalty  or  penalties  an  action  may  be  brought  in  any  municipal 
court,  or  court  of  record,  in  said  city  in  the  name  of  the  city;  and 
whenever  any  judgment  shall  be  rendered  therefor,  the  same  shall 
be  collected  and  enforced,  as  prescribed  and  directed  by  the  code 
of  civil  procedure  of  the  state  of  New  York. 

5.  Discontinuance  of  action  upon  removal  of  violation.  If  any 
violation  shall  be  removed  or  be  in  process  of  removal  within  10 
days  after  the  service  of  a notice  as  hereinbefore  prescribed,  the 
liability  of  such  a penalty  shall  cease,  and  the  corporation  counsel, 
on  request  of  the  superintendent  of  buildings  shall  discontinue  any 


BUILDING  CODE 


141 


action  pending  to  recover  the  same,  upon  such  removal  or  the  com- 
pletion thereof  within  a reasonable  time. 

6.  Remission  of  penalty.  The  superintendent  of  buildings,  through 
the  corporation  counsel,  is  hereby  authorized,  in  his  discretion  and 
upon  good  and  sufficient  cause  being  shown  therefor,  to  remit  any 
penalty  which  any  person  may  have  incurred,  or  may  hereafter  incur, 
under  any  of  the  provisions  of  this  chapter;  but  no  such  penalty 
shall  be  remitted  until  the  violation  shall  have  been  removed.  The 
remission  of  a penalty  shall  also  operate  to  remit  the  costs  obtained 
in  an  action  for  its  collection. 

(B.  C.  sec.  150,  rev.  from  L.  1882,  ch.  410,  § 505,  as  amend.) 

An  inspector  of  a department  has  no  power  to  change  the  plans  and  specifica- 
tions as  fixed  by  the  head  of  the  department.  Health  Dept.  v.  Hamm,  4 Misc.  602, 
34  N.  Y.  Supp.  730.  Nor  will  the  approval  of  a minor  official,  as  to  a change,  be  a 
defense  to  an  action  to  recover  a penalty.  Fire  Department  v.  Buhler,  35  N.  Y.  177 ; 
Fire  Department  N.  Y.  v.  Buffum,  2 E.  D.  Smith,  511. 


142 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


CHAPTER  6 
Charities 

Article  1.  Inmates  of  public  institutions. 

ARTICLE  1 

INMATES  OF  PUBLIC  INSTITUTIONS 

Sec.  1.  Applications  for  admission;  investigation  of. 

§ 2.  Classification  and  instruction. 

§ 3.  Libraries. 

§ 4.  Employment  and  discipline. 

Sec.  1.  Application  for  admission;  investigation  of. — The  commis- 
sioner of  public  charities  shall  investigate  the  circumstances  of  every 
person  admitted  to  an  institution  under  his  charge,  and  of  the  near 
relatives  of  such  person.  Such  investigation  shall  be  made,  when 
practicable,  before  the  admission  of  the  person,  and  the  results  of  the 
investigation  shall  be  placed  on  file  and  preserved  with  the  records  of 
the  department.  (Charter,  § 663.) 

§ 2.  Classification  and  instruction. — The  commissioner  shall  cause 
all  the  inmates  of  institutions  under  his  charge  to  be  classified,  at  the 
time  of  their  admission  so  far  as  practicable,  upon  the  basis  of  pre- 
vious character  and  conduct,  but  such  inmates  may  be  transferred  or 
reclassified  in  accordance  with  their  conduct  in  the  institution.  The 
commissioner,  within  the  limits  of  his  appropriation,  may  establish 
and  maintain  in  the  public  institutions  under  his  charge  such  schools 
or  classes  for  the  instruction  and  training  of  inmates,  as  may  in  his 
opinion  be  desirable.  Teachers  employed  to  teach  the  physically  or 
mentally  defective  children  in  institutions  subject  to  the  supervision 
of  said  commissioner  shall  receive  the  same  rate  of  compensation  for 
their  services  as  is  now  or  may  hereafter  be  paid  to  teachers  of  similar 
classes  in  the  public  schools  of  the  city.  (Charter,  § 663.) 

§ 3.  Libraries. — The  commissioner  is  empowered  to  provide  in  the 
several  institutions  within  his  jurisdiction  sufficient  space  for  the 
purposes  of  a library  for  the  inmates.  He  is  authorized  to  accept 
contributions  of  books,  pamphlets  and  periodicals,  from  persons 
disposed  thus  to  aid  in  the  betterment  and  welfare  of  the  inmates 
of  the  institutions  of  the  department.  All  such  contributions  shall 
be  recorded  and  catalogued;  an  account  shall  be  kept  thereof,  and  a 
report  concerning  the  same  shall  be  made  at  least  once  in  each 
calendar  year.  (Ord.  June  27,  1911.) 

§ 4.  Employment  and  discipline. — 1.  Employment.  Every  inmate 
of  an  institution  of  the  department,  whose  age  and  health  will  permit, 
shall  be  employed  in  cultivating  the  ground  under  the  control  of  the 
commissioner,  or  in  manufacturing  such  articles  as  may  be  required 
for  ordinary  use  in  the  public  institutions  under  his  control  or  for 
the  use  of  any  other  department  of  the  city,  or  in  preparing  and 


CHARITIES 


143 


building  sea  walls  upon  islands  or  other  places  belonging  to  the  city, 
or  in  such  mechanical  or  other  labor  as  shall  be  found  upon  examina- 
tion to  suit  the  capacity  of  the  individual.  The  articles  raised  or 
manufactured  by  such  labor  shall  be  subject  to  the  order  of,  and  shall 
be  placed  under  the  control  of  the  commissioner,  and  all  such  articles 
shall  be  utilized  so  far  as  practicable  in  the  public  institutions  under 
his  charge  or  of  some  other  department  of  the  city.  All  the  land 
under  the  jurisdiction  of  the  commissioner,  not  otherwise  occupied 
or  utilized,  and  which  is  capable  of  being  cultivated,  shall,  in  his 
discretion,  be  used  for  agricultural  purposes.  The  hours  of  labor 
required  of  any  pauper  or  other  person  committed  to  or  placed  under 
the  charge  of  the  commissioner  shall  be  fixed  by  him.  (Charter, 
§§  663  and  682 ; in  part.) 

2.  Discipline.  In  case  any  pauper  under  the  control  of  the  com- 
missioner shall  neglect  or  refuse  to  perform  the  work  allotted  to  him 
or  her,  or  shall  violate  the  rules  and  regulations  of  the  institution  of 
which  he  or  she  is  an  inmate,  the  superintendent  of  the  institution 
shall  report  such  insubordination  or  violation  to  the  commissioner, 
who  may  thereupon  direct  the  punishment  of  such  pauper  by  solitary 
confinement  and  by  being  fed  on  bread  and  water;  but  only  for  such 
length  of  time  as  the  commissioner  may  consider  necessary.  In  case 
any  pauper  shall  neglect  to  perform  the  work  assigned  to  him  or  her, 
or  be  guilty  of  any  such  violation  on  three  or  more  separate  occasions, 
the  commissioner  may  cause  the  delinquent  to  be  brought  before 
the  proper  court  or  magistrate,  and  such  court  or  magistrate  may 
commit  the  accused  to  the  worldiouse  or  penitentiary  as  a disorderly 
person.  (Charter,  § 682.) 


144 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


CHAPTER  7 
Corrections 

Article  1.  Inmates  of  correctional  institutions. 

ARTICLE  1 

INMATES  OF  CORRECTIONAL  INSTITUTIONS 

Sec.  1.  Classification  and  instruction. 

§ 2.  Libraries. 

§ 3.  Employment. 

§ 4.  Manufacturing  fund. 

§ 5.  Details  of  inmates  to  other  departments. 

§ 6.  Discipline. 

§ 7.  Records. 

Sec.  1.  Classification  and  instruction. — The  commissioner  of  cor- 
rection shall  cause  all  the  criminals  and  misdemeanants  under  his 
charge  to  be  classified,  so  far  as  practicable,  so  that  the  youthful  and 
less  hardened  offenders  shall  not  be  rendered  more  depraved  by  the 
association  with  and  evil  example  of  older  and  more  hardened 
offenders.  He  may  establish  and  maintain  such  schools  or  classes  for 
the  instruction  and  training  of  the  institution  under  his  charge,  as 
may  be  authorized  by  the  board  of  estimate  and  apportionment. 
And,  to  this  end,  the  commissioner  may  set  apart  one  or  more  of  the 
penal  institutions  for  the  custody  of  such  youthful  and  less  hardened 
offenders,  and  he  is  empowered,  in  his  discretion,  to  transfer  such 
offenders  thereto  and  from  any  other  of  the  penal  institutions  of  the 
city  and,  when  so  transferred,  to  classify  them  so  far  as  practicable 
with  regard  to  age,  nature  of  offense,  or  other  fact,  and  to  separate  or 
group  such  offenders  according  to  such  classification,  so  far  as 
practicable.  (Charter,  § 698  in  part.) 

§ 2.  Libraries. — The  commissioner  is  empowered  to  set  aside  in  the 
city  prison,  and  in  any  other  place  in  which  persons  are  held  for 
infractions  of  the  law  pending  determination  by  a court,  a sufficient 
space  for  the  purposes  of  installing  a library  for  the  inmates.  The 
commissioner  is  authorized  to  accept  contributions  of  books,  pam- 
phlets and  periodicals  from  persons  who  may  be  disposed  thus  to  aid 
in  the  betterment  and  welfare  of  the  inmates  of  institutions  of  the 
department.  All  such  contributions  shall  be  recorded  and  cat- 
alogued; an  account  thereof  shall  be  kept,  and  a report  concerning 
the  same  shall  be  made  at  least  once  in  each  calendar  year.  (Ord. 
June  27,  1911.) 

§ 3.  Employment.-^'EyeTy  inmate  of  an  institution  under  the 
charge  of  the  commissioner,  whose  age  and  health  will  permit,  shall 
be  employed  in  quarrying  or  cutting  stone,  or  in  cultivating  land 
under  the  control  of  the  commissioner,  or  in  manufacturing  such 
articles  as  may  be  required  for  ordinary  use  in  the  institutions  under 


CORRECTIONS 


145 


his  control,  or  for  the  use  of  any  department  of  the  city,  or  in  pre- 
paring and  building  sea  walls  upon  islands  or  other  places  belong- 
ing to  the  city,  upon  which  public  institutions  now  are  or  may  here- 
after be  erected,  or  in  pubhc  works  carried  on  by  any  department 
of  the  city,  or  at  such  mechanical  or  other  labor  as  shall  be  found, 
upon  examination,  to  be  suited  to  the  capacity  of  the  individual. 
The  hours  of  labor  required  of  any  inmate  of  any  institution  shall 
be  fixed  by  the  commissioner.  The  articles  raised  or  manufactured 
by  such  labor  shall  be  subject  to  the  order  of  and  shall  be  placed 
under  the  control  of  the  commissioner,  and  shall  be  utilized  in  the 
institutions  under  his  charge  or  in  some  other  department  of  the 
city.  All  the  lands  under  the  jurisdiction  of  the  commissioner  not 
otherwise  occupied  or  utilized,  and  which  are  capable  of  cultivation, 
may  be  used  for  agricultural  purposes.  (Charter,  § 700,  parts  701, 
702.) 

§ 4.  Manufacturing  fund. — The  board  of  aldermen,  in  accordance 
with  subdivision  2 of  section  23  of  article  2A  of  chapter  26  of  the 
Laws  of  1909,  as  amended  by  chapter  247  of  the  Laws  of  1913,  and 
in  accordance  with  subdivision  19  of  section  20  of  article  2 A of  the 
same  law,  hereby  authorizes  the  establishment  of  a fund  to  be  known 
as  ^‘Manufacturing  Fund,  Department  of  Correction,”  and  au- 
thorizes and  directs  the  comptroller  to  place  in  such  fund  all  money 
received  or  realized  through  the  sale  of  articles  manufactured  by 
the  department.  He  is  hereby  authorized  to  charge  against  such 
fund  any  voucher  received  from  the  department  for  the  purchase  of 
raw  materials  to  be  used  in  its  manufacturing  industries.  The  comp- 
troller is  hereby  further  authorized  and  directed  to  transfer  to  the 
general  fund  of  the  city,  at  the  end  of  each  calendar  year,  any  sums 
remaining  in  said  manufacturing  fund  in  excess  of  $50,000.  (Ord. 
March  31,  1914.) 

§ 5.  Details  of  inmates  to  other  departments. — At  the  request  of 
the  heads  of  the  administrative  departments  of  the  city  (who  are 
hereby  empowered  to  make  such  request),  the  commissioner  may 
detail  and  designate  any  inmate  of  any  institution  in  his  charge  to 
perform  work,  labor  and  services  in  and  upon  the  grounds  and  build- 
ing or  in  and  upon  any  public  work  or  improvement  under  the 
charge  of  such  other  department.  And  such  inmates,  when  so  em- 
ployed, shall  at  all  times  be  under  the  personal  oversight  and  direc- 
tion of  a keeper  of  the  department  of  correction,  but  no  inmate  of 
any  correctional  institution  shall  be  employed  in  a ward  of  any 
hospital,  except  hospitals  in  penal  institutions,  while  such  ward  is 
being  used  for  hospital  purposes.  The  provisions  of  this  ordinance 
or  by  any  law  requiring  advertisement  for  bids  or  proposals,  or  the 
awarding  of  contracts,  for  work  to  be  done  or  supplies  to  be  furnished 
for  any  of  said  departments,  shall  not  be  applicable  to  pubhc  work 
which  may  be  done,  or  to  the  supplies  which  may  be  furnished  under 
the  provisions  of  the  prison  law.  (Charter  § 701.) 

§ 6.  Discipline. — In  case  any  person  confined  in  any  institution 
of  the  department  shall  neglect  or  refuse  to  perform  the  work  allotted 
to  him  by  the  officer  in  charge  of  such  institution,  or  shall  wilfully 
violate  the  rules  and  regulations  established  by  the  commissioner, 
or  shall  resist  and  disobey  any  lawful  command,  or  in  case  any  such 
person  shall  offer  violence  to  any  prison  officer  or  to  any  other  pris- 
10 


146  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

oner,  or  shall  do  or  attempt  to  do  injury  to  such  institution  or  the 
appurtenances  thereof  or  any  property  therein,  or  shall  attempt 
to  escape,  or  shall  combine  with  any  one  or  more  persons  for  any 
of  the  aforesaid  purposes,  the  officers  of  such  institution  shall  use 
all  suitable  means  to  defend  themselves,  to  enforce  discipline,  to 
secure  the  persons  of  the  offenders  and  to  prevent  any  such  attempt 
to  escape,  and  the  officer  in  charge  of  such  institution  in  which  such 
person  is  confined  shall  punish  him  by  solitary  confinement,  and  by 
being  fed  on  bread  and  water  only,  for  such  length  of  time  as  may  be 
considered  necessary;  but  no  other  form  of  punishment  shall  be 
imposed,  and  no  officer  of  any  such  institution  shall  inflict  any  blows 
whatever  upon  any  prisoner,  except  in  self-defence  or  to  suppress 
a revolt  or  insurrection.  In  every  case  the  officer  imposing  such  pun- 
ishment shall  forthwith  report  the  same  to  the  commissioner  and 
notify  the  surgeon  of  the  institution.  Such  surgeon  shall  visit  the 
person  so  confined  and  examine  daily  into  the  state  of  his  health 
until  he  shall  be  released  from  solitary  confinement  and  return  to  la- 
bor. The  surgeon  shall  report  to  the  commissioner  and  to  the  officer 
in  charge  of  such  institution  whenever,  in  his  judgment,  the  health 
of  the  prisoner  shall  require  his  release. 

§ 7.  Records. — The  commissioner  shall  keep  and  preserve  a proper 
record  of  all  persons  who  shall  come  under  his  care  or  custody,  and 
of  the  disposition  of  each  such  person,  with  full  particulars  as  to 
the  name,  age,  sex,  color,  nativity  and  religious  faith  of  each,  to- 
gether with  a statement  of  the  cause  and  length  of  detention  of  each 
such  person.  (Charter  § 699.) 


DOCKS,  FEUIIIES  AND  HARBOU  CONTROL 


147 


CHAPTER  8 

Docks,  Ferries  and  Harbor  Control 

Article  1.  General  provisions. 

2.  Apportionment  of  wharf  property. 

3.  Buildings  and  structures  on  waterfront  property. 

4.  Maintenance  of  wharf  property. 

5.  Discharge  and  storage  of  cargoes. 

6.  Wharfage  rates. 

7.  Ferries. 

8.  Protection  of  navigation. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Definitions. 

§ 1.  Definitions. — Wherever  used  in  this  chapter,  the  following 
terms  shall  respectively  be  deemed  to  mean: 

1.  Canal-boat,  a vessel  built  for  navigating  the  canals  of  the  State, 
measuring  not  more  than  98  feet  in  length  nor  more  than  18  feet 
in  width  and  whose  registered  net  tonnage  does  not  exceed  150  tons. 
(Rule  of  Department.) 

2.  Day,  24  consecutive  hours  from  the  time  of  day  or  night  when 
a vessel  is  berthed  at  a pier  or  slip.  (Charter,  § 861.) 


ARTICLE  2 

APPORTIONMENT  OF  WHARF  PROPERTY 

Sec.  10.  City  purposes. 

§ 11.  Floating  baths. 

§ 12.  Recreation  piers. 

§ 13.  Canal  boats. 

§ 14.  Docks  for  garden  produce. 

§ 15.  Oyster  and  other  shell  fish  traffic. 

§ 16.  Powers  of  dock  masters;  penalty  for  refusing  to  obey  their 
directions. 

§ 17.  Intrusion  of  other  vessels  into  canal  boat  territory. 

§ 18.  Disobedience  of  orders  of  commissioner. 

Sec.  10.  City  purposes. — The  commissioner  of  docks  shall  designate 
and  set  apart  suitable  and  sufficient  wharves,  piers,  bulkheads, 
slips  and  berths  in  sUps  for  the  use  of  the  several  departments  of  the 
city.  (Charter,  § 836.) 

§ 11.  Floating  baths. — The  commissioner  shall,  upon  the  requisi- 
tion of  the  respective  borough  presidents,  furnish  free  of  charge, 


148 


CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 


in  the  vicinity  of  such  locations  as  shall  be  designated  by  them,  ac- 
cessible, convenient  and  safe  berths  for  mooring  free  floating  baths. 
(Charter,  § 834.) 

§ 12.  Recreation  piers. — The  commissioner  is  hereby  authorized 
to  set  apart,  from  time  to  time,  such  piers  as  he  shall  deem  necessary 
for  the  purpose  of  public  recreation  and  for  the  convenience  of  dealers 
in  country  produce  and  other  merchandise  transported  to  the  city 
for  sale.  He  is  hereby  authorized  to  construct  or  rebuild  the  piers 
set  apart  under  the  provisions  of  this  section,  in  such  manner  as 
shall  provide  a deck  or  upper  story  thereon  and  the  necessary  ap- 
proaches thereto,  which  shall  be  wholly  free  to  the  public  for  recre- 
ational purposes  without  the  interference  of  business  occupations. 
The  lower  deck  or  street  level  floor  of  each  such  pier  shall  be  reserved 
for  the  use  of  boats  and  vessels  plying  upon  the  canals  and  tidal 
waters  of  the  state  and  bringing  merchandise  to  the  city  for  sale 
therein.  The  berthing  of  boats  at  such  piers  shall  be  under  the  con- 
trol of  the  commissioner,  but  order  shall  be  maintained  by  the  police 
department  in  and  around  the  portions  thereof  set  apart  for  recrea- 
tional purposes.  Except  as  herein  provided,  no  wharf  property 
shall  be  required  to  be  so  constructed  as  to  admit  of  its  free  use,  in 
whole  or  in  part,  for  the  purposes  of  public  resort  and  recreation. 
(Charter  § 837,  revised.) 

§ 13.  Canal  boats. — All  the  waterfront  property  commencing  at  the 
easterly  side  of  pier  new  No.  4 to  and  including  the  easterly  side  of 
pier  new  No.  7,  East  river,  and  all  the  part  of  the  waterfront  from 
and  including  the  north  side  of  the  pier  at  the  foot  of  west  51st 
street  to  and  including  the  southerly  side  of  the  pier  at  the  foot  of 
west  54th  street.  North  river,  shall,  from  the  twentieth  day  of  March 
to  the  thirty-first  day  of  December  in  each  year,  be  set  apart,  kept 
and  reserved  for  the  exclusive  use  and  accommodation  of  canal 
boats  and  barges  engaged  in  transporting  property  on  the  Hudson 
river,  or  coming  to  tide  water  from  the  canals  of  the  state,  and  for  the 
use  of  lighters  engaged  in  loading  or  unloading  such  boats  or  barges; 
and  the  commissioner  or  other  officers  aforesaid  shall  assign  such 
other  accommodations  for  canal  boats  and  barges,  in  other  parts 
of  the  port  of  New  York  as  may,  from  time  to  time,  be  necessary 
in  receiving  or  discharging  their  cargoes.  The  water  front  property 
within  the  limits  hereinbefore  specified  shall  not  be  leased,  but  shall 
be  reserved  by  the  city  for  the  use  and  purposes  prescribed  in  this 
section.  During  the  time  specified  and  when  the  slips  and  wharves 
connected  therewith  shall  be  required  for  the  use  of  canal  boats  and 
barges,  the  commissioner,  and  all  officers  who  now  are  or  hereafter 
shall  be  empowered  by  law  or  ordinance  to  regulate  or  station  ships 
and  vessels  in  the  port  of  New  York,  shall  prohibit  and  prevent 
all  other  boats,  ships  or  vessels  from  entering  any  of  the  slips,  or 
approaching  or  lying  at  any  of  the  wharves  within  the  districts 
aforesaid.  (Charter  §§  854,  854a,  865.) 

§ 14.  Docks  for  gar^n  produce.  All  waterfront  property  on  the 
Hudson  river,  from  Gansevoort  to  Little  West  12th  street,  shall 
be  set  apart  by  the  commissioner  for  the  use  of  boats,  barges  and 
other  vessels  engaged  in  the  business  of  transporting  farm  and  garden 
produce,  at  such  rates  of  wharfage  as  have  been  or  may  be  lawfully 
established,  and  the  commissioner  may,  from  time  to  time,  when 


DOCKS,  FERRIES  AND  HARBOR  CONTROL 


149 


any  of  such  waterfront  property  is  not  in  actual  use  for  the  purposes 
above  mentioned,  designate  and  appropriate  the  same  for  any  public 
or  general  use;  provided  such  designation  or  appropriation  shall  be 
subject  at  any  time  to  revocation  by  the  commissioner.  (Charter 
§ 858.) 

§ 15.  Oyster  and  other  shell  fish  trajfic. — The  commissioner  may 
grant  permits  for  vessels  or  floating  structures,  engaged  in  the  oyster 
business  and  used  for  the  receipt,  preparation  and  opening  of  oysters 
and  other  shell  fish,  to  remain  continuously  moored  to  or  at  any 
waterfront  property,  not  otherwise  specifically  appropriated  by  law 
or  ordinance  to  the  sole  use  of  other  kinds  of  commerce,  upon  such 
terms  as  to  wharfage  and  otherwise,  and  subject  to  such  regulations 
as  the  commissioner  may  prescribe.  All  permits  so  granted  by  the 
commissioner  shall  be  subject  at  any  time  to  revocation  by  him. 
Upon  any  such  permit  being  granted,  the  person  receiving  the  same, 
shall  be  entitled  to  moor  such  vessels  or  floating  structures,  con- 
tinuously and  until  the  permit  shall  be  revoked,  to  or  at  the  dock, 
pier  or  bulkhead  designated  therein,  subject  to  the  terms  of  such 
permit;  provided,  however,  that,  where  the  city  is  not  the  owner  of 
the  dock,  pier  or  bulkhead  designated  in  such  permit,  the  consent 
of  the  owner  of  the  same,  or  of  the  person  or  persons  entitled  to 
collect  wharfage  therefrom,  shall  have  been  obtained.  (Charter 
§ 860.) 

§ 16.  Powers  of  dock  masters;  penalty  for  refusing  to  obey  their 
directions. — Each  dock  master  shall  have  power,  within  the  district 
assigned  to  him,  subject  to  the  provisions  of  this  code  or  of  any 
statute: 

1.  To  provide  and  assign  suitable  accommodations  for  all  ships 
and  vessels,  and  regulate  them  in  the  stations  they  are  to  occupy  at 
water  front  property; 

2.  To  remove  from  time  to  time  such  vessels  as  are  not  employed 
in  receiving  or  discharging  cargoes,  to  make  room  for  such  others  as 
require  to  be  more  immediately  accommodated  for  the  purpose  of 
receiving  or  discharging  cargoes; 

3.  To  determine  as  to  the  fact  of  such  vessels  being,  fairly  and  in 
good  faith,  employed  in  receiving  and  discharging  cargoes; 

4.  To  determine  how  far  and  in  what  instance  the  master  and 
others  having  charge  of  ships  and  vessels  shall  accommodate  each 
other  in  their  respective  situations. 

Any  master  or  other  person,  having  charge  of  any  vessel,  canal 
boat,  barge  or  lighter,  who  shall  refuse  or  neglect  to  move  the  same 
when  ordered  to  do  so  by  a dock  master,  or  who  shall  resist  or  for- 
cibly oppose  said  oflBcer  in  the  discharge  of  his  duties,  shall,  for 
every  such  offense,  forfeit  and  pay  the  sum  of  $50,  to  be  recovered 
with  costs  of  suit,  by  and  in  the  name  of  the  department  of  docks 
and  ferries.  (Charter  § 867.) 

§ 17.  Intrusion  of  other  vessels  into  canal  boat  territory.  When- 
ever any  portion  of  the  waterfront  property  mentioned  in  section 
13  of  this  chapter  shall  be  occupied  by  any  ship  or  vessel,  not  entitled 
to  occupy  the  same  according  to  the  provisions  of  that  section,  and 
the  proprietor  or  person  in  charge  of  any  canal  boat  or  barge  specified 
in  said  section,  shall  desire  to  use  the  berth  or  slip  occupied  by  such 
ship  or  vessel,  the  commissioner,  upon  the  request  of  the  proprietor. 


150  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

consignee  or  person  in  charge  of  said  canal  boat  or  barge,  shall  forth- 
with remove  such  ship  or  vessel,  as  far  as  may  be  necessary  to  ac- 
commodate the  canal  boat  or  barge.  If  the  commissioner,  upon 
such  request,  shall  neglect  or  refuse  to  comply  with  the  same  he  shall, 
for  each  such  neglect  or  refusal,  forfeit  and  pay  to  the  proprietor 
of  the  canal  boat  or  barge,  the  sum  of  $50,  to  be  sued  for  and  recovered 
by  and  in  the  name  of  such  proprietor,  for  his  use  and  benefit,  in 
any  court  of  competent  jurisdiction.  (Charter  § 856.) 

§ IS.  Disobedience  of  orders  of  commissioner. — Any  person,  in 
command  or  in  charge  of  any  vessel,  who  shall  neglect  or  refuse  to 
comply  with  any  la^ul  order  or  direction  of  the  commissioner  in 
reference  to  the  removal  of  any  vessel,  or  who  shall  resist  or  obstruct 
the  removal  of  the  same,  shall,  upon  conviction  thereof,  be  punished 
by  a fine  of  not  more  than  $100,  or  by  imprisonment  not  exceeding 
10  days  or  by  both  such  fine  and  imprisonment.  (Charter  § 857, 
changed.) 


ARTICLE  3 

BUILDINGS  AND  STRUCTURES  ON  WHARF  PROPERTY 

Sec.  30.  Improvement  of  water-front  property;  permit  required. 

§ 31.  Sheds  on  piers. 

§ 32.  Platforms  for  fish-trade. 

§ 33.  Opening  asphalt  pavement  on  water-front  property. 

§ 34.  Floating  docks. 

§ 35.  Violations. 

§ 30.  Improvement  of  water-front  property;  permit  required. — No 
shed,  building,  office,  tally-house,  booth,  platform  or  stand  shall  be 
erected,  nor  shall  any  derrick,  hoisting-mast,  coal-hopper,  sign  or 
advertising  device,  or  obstruction  of  any  kind  be  placed  or  main- 
tained on  any  water-front  property,  and  no  piles  shall  be  driven,  nor 
shall  any  fiUing-in  or  construction,  repairs,  alterations,  removals, 
dredging  or  demolitions  of  any  kind  be  made,  on  any  part  of  the 
water-front  of  the  city,  without  a written  permit  therefor  being  first 
had  and  obtained  from  the  commissioner.  (Rules  1 and  2.) 

§ 31.  Sheds  on  piers. — Whenever  any  person  shall  be  owner  or 
lessee  of  any  pier  or  bulkhead,  and  shall  use  and  employ  the  same 
for  the  purpose  of  regularly  receiving  and  discharging  cargo  thereat, 
such  owner  or  such  lessee,  with  the  consent  of  the  lessor,  may  erect 
and  maintain,  upon  such  pier  or  bulkhead,  sheds  for  the  protection  of 
property  so  received  or  discharged;  provided  they  shall  have  ob- 
tained from  the  commissioner  a permit  or  license  to  erect  or  maintain 
the  same,  subject  to  the  conditions  and  restrictions  contained  in  such 
permit  or  hcense;  but,  when  such  permit  or  license  has  been  granted 
and  has  been  acted  upon,  it  shall  not  be  revoked  by  the  commissioner 
without  the  consent  in  writing  of  the  mayor  and  of  the  commissioners 
of  the  sinking  fund,  after  due  hearing  of  such  licensee.  All  sheds  or 
structures  erected  or  maintained  upon  any  wharf  or  pier  under  any 
permit  or  license  heretofore  granted  by  the  department,  or  hereafter 
erected  or  maintained  upon  any  wharf  or  pier  under  any  permit  or 
license  granted  by  the  commissioner,  are  declared  to  be  lawful  struc- 
tures, subject  to  the  terms  and  conditions  of  the  permit  or  license 


DOCKS,  FEIIRIES  AND  HARBOR  CONTROL 


151 


authorizing  the  same.  Hereafter,  such  sheds  shall  be  constructed 
subject  to  the  regulations  and  under  the  authority  of  the  commis- 
sioner. Any  owner  or  lessee  of  a pier,  or  of  a pier  or  bulkhead,  or  a 
part  thereof,  in  respect  of  which  the  commissioner  shall  have  granted 
such  a permit  or  license,  shall  be  entitled  to  the  use  of  the  premises  so 
owned  or  leased  by  them  and  no  vessel  shall  be  placed  in  any  berth 
on  such  pier,  or  bulkhead,  or  part  thereof,  without  the  consent  of 
such  owner  or  lessee,  during  the  continuance  of  his  permit  or  license. 
The  commissioner  shall  have  power  to  build  sheds  or  structures  on 
any  wharf  or  bulkhead  belonging  to  the  city,  with  full  authority  to 
lease  the  same;  and  any  lessee  thereof  shall  have  all  the  rights  and 
privileges  above  granted.  (Charter,  § 844.) 

§ 32.  Platforms  for  fish  trade. — The  lessee  of  any  waterfront  prop- 
erty, to  whom  lease  has  been  or  may  hereafter  be  granted  for  the 
use  of  the  wholesale  fish  trade,  may  erect  and  maintain  thereon,  dur- 
ing the  terms  of  any  such  lease  or  any  renewal  thereof,  such  plat- 
forms, sheds,  stands  or  other  structures  suitable  to  the  business 
of  the  wholesale  fish  trade  as  may  be  approved  by  the  commissioner. 
(Charter,  § 871.) 

§ 33.  Opening  asphalt  pavements  on  waterfront  property. — 1.  Appli- 
cations. Applications  to  open  asphalt  pavement  under  the  control  of 
the  department  must  be  made  to  the  commissioner.  They  shall  be 
accompanied  by  an  agreement  from  the  company  which  has  the  con- 
tract for  the  maintenance  of  the  pavement,  if  any,  to  relay  it  at  the 
expense  of  the  permittee. 

2.  Bond.  The  permittee  shall  give  a bond,  to  be  approved  by  the 
commissioner  and  conditioned  to  indemnify  and  save  harmless  the 
city,  its  officers,  agents  and  servants,  against  and  from  all  damages, 
cost  and  expense  which  they  may  suffer  or  to  which  they  may  be  put, 
by  reason  of  injury  to  the  person  or  property  of  another,  resulting 
from  carelessness  or  negligence  on  the  part  of  the  permittee  and  his 
agents. 

3.  Conduct  of  work.  Work  under  the  permit  shall  be  commenced 
within  10  days  after  the  date  of  issue,  and  the  permit  shall  be  void 
at  the  end  of  that  time,  unless  reissued.  The  permit  shall  be  left 
during  the  whole  time  of  construction  in  charge  of  the  foreman  at  the 
work.  The  department  of  health  shall  be  notified  by  the  permittee  of 
the  time  and  place  of  making  the  excavation,  in  order  that  the 
premises  may  be  disinfected.  All  work  under  such  permit  shall  be 
wholly  at  the  expense  of  the  permittee  and  shall  be  so  conducted  as 
to  cause  the  least  possible  inconvenience  to  public  travel,  residents 
and  private  businesses.  It  shall  be  done  so  as  not  to  interfere  with 
the  telegraph,  telephone,  electric  light  and  other  subways,  water 
mains  or  service  connections,  gas  or  other  pipes,  nor  with  sewers  or 
house  connections.  All  rock  within  5 feet  of  a water,  gas  or  pipe 
main  shall  be  removed  without  blasting.  All  snow  and  ice  upon  the 
pavements  within  5 feet  upon  either  side  of  the  opening  shall  be 
removed  within  24  hours  after  it  falls  or  forms.  The  trench,  after  the 
main  is  laid,  shall  be  filled  with  clean  earth,  well  rammed  down  as 
put  in. 

4.  Weather  delays.  Whenever  in  consequence  of  the  weather  or 
any  process  of  law,  or  other  unexpected  obstacle,  the  work  shall  be 
stopped  for  so  long  a time  that  public  travel  shall  be  obstructed,  the 


152 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


trench  shall  be  refilled  and  repaved  as  if  the  work  contemplated  in  the 
permit  was  actually  completed. 

5.  Laws  and  ordinances  to  he  complied  with.  All  work  done  under 
the  permit  shall  be  performed  in  accordance  with  the  requirements  of 
the  commissioner,  and  in  strict  compLance  with  all  applicable  laws 
and  ordinances,  and  the  rules  and  regulations  of  the  city  departments 
estabhshed  for  the  purpose  of  enforcing  them. 

6.  Restoration  of  pavement.  When  the  pavement  opened  consists  of 
stone  blocks,  the  work  of  restoring  same  shall  be  begun  within  24 
hours  after  notice  from  the  commissioner  so  to  do,  and  completed  as 
rapidly  as  possible  to  the  satisfaction  of  the  commissioner,  and  in 
case  of  failure  to  so  commence  and  complete  the  work  it  may  be  done 
by  the  commissioner  in  such  manner  as  he  deems  proper  and  to  his 
satisfaction,  and  the  permittee  shall  agree  to  pay  the  cost  of  restoring 
same  as  shown  by  the  books  and  accounts  of  the  department  of 
docks  and  ferries.  Where  the  pavement  opened  is  asphalt  the 
permittee  shall  agree  to  send  an  order  to  the  asphalt  company  which 
has  the  contract  for  the  maintenance  thereof  to  re-lay  it  at  the 
expense  of  the  permittee  and  to  send  a duplicate  copy  of  the  order  to 
the  chief  engineer  of  the  department.  It  shall  also  agree  to  pay  the 
cost  of  such  relaying  and  the  cost  of  inspecting  the  work  by  the 
department. 

7.  Revocation  of  permit.  The  commissioner  shall  have  the  right  to 
revoke  the  permit  at  any  time.  (Rule  13,  rearranged.) 

§ 34.  Floating  docks. — Floating  docks  may  be  used,  with  the  con- 
sent of  the  owners  of  the  piers  or  bulkheads,  respectively,  occupied 
for  such  use,  or  of  the  persons  entitled  to  collect  wharfage  for  such 
piers  or  bulkheads,  for^  the  purpose  of  taking  up  ships  or  vessels  for 
repair,  coppering  or  finishing;  subject  to  the  provisions  of  all  statutes 
and  ordinances  regulating  the  use  of  the  slips,  piers  and  wharves  of 
the  city.  (Charter,  § 870.) 

§ 35.  Violations. — Any  owner,  lessee,  occupant  or  agent  of  any 
water-front  property  who  shall  place  or  permit  the  erection,  placing 
or  maintaining  of  any  erection  or  any  structure,  for  which  permit  has 
not  been  duly  obtained  from  the  commissioner,  shall  forfeit  and  pay 
a penalty  of  SlOO,  in  addition  to  all  damages  for  each  and  every 
violation  of  any  provision  of  this  article;  and  there  shall  be  a further 
penalty  of  $25  a day  for  each  and  every  day  which  shall  elapse  until 
any  such  erection  or  structure  so  placed  shall  be  removed,  after  the 
expiration  of  the  time,  specified  in  any  notice  for  the  removal  thereof 
has  been  served  upon  such  owner,  lessee,  occupant  or  agent. 

ARTICLE  4 

MAINTENANCE  OF  WHARF  PROPERTY 

Sec.  50.  Cleaning,  repairing  and  dredging  water-front  property. 

§ 51.  Overloading  waterfront  property. 

§ 52.  Obstruction  by  goods,  merchandise  and  materials. 

§ 53.  Vehicular  obstructions. 

§ 54.  Removal  of  incumbrances  and  obstructions. 

§ 55.  Sale  of  seized  merchandise,  vehicles,  etc. 

§ 56.  Public  hacks. 

§ 57.  Violations. 


DOCKS,  FERRIES  AND  HARBOR  CONTROL 


153 


Sec.  50.  Cleaning,  repairing  and  dredging  ivaier-front  property. — 
The  owner,  lessee  and  occupant  of  any  water-front  property  shall 
keep  the  same  cleaned  and  in  repair,  and  he  shall  keep  the  slips 
adjacent  thereto  properly  dredged.  Whenever,  in  the  judgment  of 
the  commissioner,  it  shall  be  necessary  so  to  do,  written  notices 
shall  be  served  upon  the  owner,  lessee  or  occupant  of  any  pier,  wharf 
or  bulkhead,  or  the  slip  adjoining  the  same,  on  or  in  which  cleaning, 
repairs  or  dredging  are  required,  specifying  the  nature  and  extent 
of  the  requirement  and  the  time  within  which  it  must  be  done. 
(Rule  14.) 

§ 51.  Overloading  wharf  property. — No  cargo,  goods  or  merchandise 
shall  be  discharged  from  any  vessel  upon  any  pier,  bulkhead,  wharf 
structure  or  marginal  street,  wharf  or  place,  at  which  such  vessel 
is  being  unladen,  after  a departmental  notice  has  been  served  upon 
the  owner,  consignee,  master  or  other  officer  of  such  vessel,  or  steve- 
dore, that  the  same  will  be  endangered  by  the  placing  of  such  cargo, 
goods  or  merchandise  thereon.  No  additional  cargo,  goods  or  mer- 
chandise shall  be  stored  upon  a marginal  street,  wharf  or  place  after 
a departmental  notice  has  been  served  upon  the  owner,  consignee, 
agent  or  representative  of  such  owner  or  consignee  of  such  cargo, 
goods  or  merchandise,  that  such  marginal  street,  wharf  or  place, 
or  the  pavement  and  surface  thereof,  will  be  endangered  by  an  addi- 
tional burden.  In  order  that  the  surface  of  pavement  and  cover 
plates  of  the  marginal  streets,  wharves  and  places  shall  not  be  dam- 
aged, cargo,  goods  or  merchandise  in  excess  of  12  tons  shall  not  be 
transferred  on  any  truck  upon  or  over  any  marginal  street,  wharf  or 
place,  except  by  special  license  or  permission  of  the  commissioner; 
nor  shall  cargo,  goods  or  merchandise  be  stored  or  stacked  upon 
any  marginal  street,  wharf  or  place  in  excess  of  1,000  pounds  per 
square  foot,  except  by  special  license  or  permission  of  the  commis- 
sioner, and  in  such  manner  and  method  as  he  may  direct.  (Rule  3.) 

§ 52.  Obstruction  by  goods,  merchandise  and  materials. — 1.  In 
sheds.  The  lessees  or  occupants  of  any  water-front  property  which 
has  been  covered  in  whole  or  in  part  with  a shed,  shall  not  allow 
goods,  merchandise,  cargo  or  material  of  any  kind  to  be  discharged 
thereat  or  placed  thereon,  to  remain  upon  the  part  thus  shedded 
for  a period  longer  than  5 days,  without  the  written  permission  of 
the  commissioner. 

2.  Generally.  Except  as  otherwise  provided  in  this  section,  all 
goods,  merchandise  and  materials  of  every  kind,  landed  or  placed 
on  any  waterfront  property,  must  be  removed  therefrom  within  24 
hours.  After  a departmental  notice  has  been  served  upon  the  owner, 
shipper  or  consignee  of  any  cargo,  to  remove  the  same,  a penalty  of 
$25  shall  be  paid  for  each  and  every  day  during  which  any  part  of 
such  goods,  merchandise  or  material  shall  remain  upon  such  water- 
front property,  after  the  expiration  of  said  24  hours,  to  be  recovered 
from  such  owner,  shipper  or  consignee,  severally  and  respectively. 

3.  Removal  and  storage  by^  department.  All  goods,  merchandise 
and  materials  of  every  kind  incumbering  any  waterfront  property, 
after  the  time  designated  for  the  removal  thereof  shall  have  expired, 
shall  be  liable  to  be  removed  by  the  commissioner  to  any  warehouse 
or  yard,  at  the  sole  risk  and  expense  of  the  owner  or  consignee  of  any 
such  goods,  merchandise  or  materials,  and  all  expense  incurred  for 


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such  removal  and  storage,  or  otherwise,  shall  be  and  become  a lien 
thereon,  and  they  shall  not  be  delivered  to  the  owner  or  consignee 
until  the  same  has  been  paid.  (Rules  4 and  9.) 

§ 53.  Vehicular  obstructions. — No  unharnessed  truck,  cart,  wagon 
or  vehicle  of  any  description  shall  be  placed  or  left  at  any  time  on 
any  marginal  street,  wharf,  or  place,  or  on  any  bulkhead,  pier  or 
reclaimed  land,  within  the  charge  and  control  of  the  department, 
under  a penalty  of  $3,  to  be  recovered  from  the  owner  thereof.  Any 
unharnessed  truck,  cart,  wagon  or  vehicle  of  any  description  placed 
or  left  on  any  marginal  street,  wharf  or  place  or  on  any  bulkhead, 
pier  or  reclaimed  land,  under  the  charge  and  control  of  the  department 
shall  be  removed  by  a person  and  to  a place  to  be  designated  by  the 
commissioner,  and  an  additional  charge  of  not  less  than  50  cents  per 
day,  for  storage,  shall  be  and  become  a lien  thereon,  and  such  un- 
harnessed truck,  cart,  wagon  or  vehicle  shall  not  be  delivered  to  the 
owner,  until  said  fine  and  storage  charge  shall  have  been  paid. 
(Rule  10.) 

§ 54.  Removal  of  incumbrances  and  obstructions. — Whenever  any 
wharf,  pier,  bulkhead  or  marginal  street,  shall  be  incumbered,  or  its 
use  interfered  with  by  merchandise,  lumber,  trucks,  wagons  or  any 
other  obstruction,  whether  of  loose  materials  or  structures  built 
upon  or  affixed  to  such  water-front  property  without  authority  of 
law,  the  commissioner  shall  notify  the  person  placing  or  keeping 
such  merchandise  or  other  obstruction  thereon  to  remove  tjie  same, 
within  24  hours  after  such  notice.  Whenever  the  commissioner 
shall  make  any  order  or  give  any  direction  in  pursuance  of  the  power 
conferred  by  this  section,  the  owner,  consignee  or  person  in  charge 
of  the  merchandise,  property,  or  vessel  in  reference  to  which  such 
order  or  direction  is  given,  shall  comply  with  the  same  without  un- 
reasonable delay,  or,  in  default  thereof,  the  commissioner  may  em- 
ploy such  laborers  and  assistance  as  may  be  necessary  to  carry  out 
such  order  or  direction,  by  the  removal  of  the  material,  merchandise, 
or  vessel  in  reference  to  which  the  same  was  given.  All  expenses, 
actually  and  necessarily  incurred  in  effecting  such  removal,  shall 
be  paid  by  the  owner,  consignee,  or  person  in  charge  of  the  material, 
merchandise,  or  vessel  so  removed,  and  the  amount  thereof  shall  be 
a lien  upon  the  ^ame,  in  favor  of  the  department,  which  may  be 
enforced  by  proceedings  instituted  by  and  in  its  name,  according 
to  the  provisions  of  laws  concerning  attachments  against  vessels. 
The  commissioner  shall,  for  the  purposes  of  this  section,  be  deemed 
a creditor  of  such  owner,  consignee  or  person  in  charge,  and  each 
of  them,  for  the  amount  of  the  expenses  so  incurred  and  may  have 
and  maintain  an  action  against  them  or  either  of  them,  to  recover 
the  same.  (Charter,  §§  849,  850,  851  abridged.) 

§ 55.  Sale  of  seized  merchandise,  vehicles,  etc. — During  the  months 
of  January  and  July  in  each  year,  the  commissioner  shall  advertise 
for  1 week,  in  the  City  Record,  the  merchandise,  lumber,  trucks, 
wagons  or  other  incumbrances  and  obstructions  which  have  been 
so  stored  and  which  have  remained  unclaimed,  setting  forth  the 
marks  and  numbers  thereon,  the  descriptions  thereof  and  the  designa- 
tion of  the  water-front  property  from  whence  the  same  was  removed 
and  the  date  of  such  removal.  If  any  of  such  merchandise,  material 
or  vehicle  so  advertised  shall  remain  thereafter  unclaimed  for  3 


DOCKS,  FERRIES  AND  HARBOR  CONTROL 


155 


months,  the  commissioner  may  then  sell  the  same,  after  further 
advertisement  for  1 week  in  the  City  Record,  at  public  auction  to 
the  highest  bidder.  The  proceeds  of  such  sale  shall  be  used  to  pay 
the  expenses  of  the  removal,  storage  and  sale  of  such  incumbrances 
or  obstructions,  and  any  balance  thereof  shall  be  held  in  trust  by 
the  commissioner  for  the  owner  or  owners  thereof,  for  12  months, 
when,  if  not  claimed,  it  shall  be  paid  over  to  the  commissioners  of 
the  sinking  fund.  (Charter  §§  852,  853.) 

§ 56.  Public  hacks. — No  public  hack  or  other  vehicle  shall  stand 
or  be  allowed  on  any  pier  for  the  purpose  of  carrying  passengers 
for  hire  from  the  pier,  over  the  streets  of  the  city  without  a permit. 
(Rule  adopted  1914.) 

§ 57.  Violations. — Any  person  violating  any  provision  of  this 
article,  or  neglecting  or  refusing  to  comply  with  any  order  of  the 
commissioner,  made  thereunder,  shall,  except  as  otherwise  provided 
in  this  article,  pay  a penalty  of  $100  for  each  such  violation  or  neglect 
or  refusal  to  comply  with  such  order,  and  the  offender  shall  pay  a 
further  penalty  of  $25  for  each  day  such  violation  or  neglect  or  re- 
fusal to  comply  with  the  order  shall  continue. 


ARTICLE  5 

DISCHARGE  AND  STORAGE  OF  CARGOES 

Sec.  60.  Jurisdiction  of  commissioner. 

§ 61.  Manner  of  discharging  cargo. 

§ 62.  Manure  and  other  offensive  refuse. 

§ 63.  Inflammable  material. 

§ 64.  Building  material. 

§ 60.  Jurisdiction  of  commissioner. — The  commissioner  shall  have 
power,  from  time  to  time,  to  make  such  general  rules  and  regula- 
tions and  give  such  directions  as  will  secure  dispatch  in  loading  and 
unloading  vessels,  and  the  prompt  removal  of  the  same  from  the 
piers  as  soon  as  completed,  and  also  such  as  shall  be  necessary  to 
prevent  any  unnecessary  accumulation  of  freight  or  merchandise 
upon  any  pier  or  wharf,  while  any  vessel  shall  be  engaged  in  receiv- 
ing or  discharging  her  cargo;  provided,  however,  that  this  power 
shall  not  be  exercised  in  reference  to  any  obstruction  or  incumbrance 
upon  any  pier  or  wharf  occupied  by  any  regular  line  of  steamboats 
or  steamships,  or  by  any  railroad  company,  except  upon  the  written 
request  of  the  occupant  or  lessee  of  such  pier  or  wharf.  (Charter, 
§ 849.) 

§ 61.  Manner  of  discharging  cargoes. — 1.  Sand  and  gravel.  No 
sand,  gravel  or  similar  material  shall  be  discharged  from  or  loaded 
into  any  vessel,  unless  canvas  or  similar  material  be  extended  from 
the  vessel’s  side  to  the  bulkhead  or  wharf  structure  at  which  such 
vessel  is  being  unladen,  to  prevent  the  falling  of  the  sand  into  the 
water;  and,  if  the  surface  of  any  of  such  wharf  structures  is  not 
sufficiently  tight  to  prevent  the  sand  dumped  thereon  from  going 
through  into  the  water,  then  no  sand  shall  be  discharged  thereon 
from  any  vessel,  unless  canvas  or  similar  material  shall  be  first  laid 
thereon  to  receive  the  sand. 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


2.  Use  of  horses.  No  vessel  of  any  kind  shall  be  loaded  or  dis- 
charged by  horsepower,  unless  proper  planking  be  provided  to 
protect  the  surface  of  such  pier,  bulkhead  or  wharf  structure  from 
injury,  consequent  upon  the  travel  of  the  horse,  or  the  unloading 
of  stones  or  similar  cargo  thereupon,  under  a penalty  of  $25  for  each 
offense,  to  be  recovered  from  the  owner,  consignee  or  master  of  any 
such  vessel,  or  stevedore,  severally  and  respectively. 

3.  Lumber  and  brick.  All  lumber,  brick  or  other  material  in  bulk, 
discharged  on  any  bulkhead,  must  be  placed  at  least  20  feet  from 
the  edge  of  the  bulkhead,  pending  removal.  (Rule  5.) 

§ Q2.  Manure  and  other  offensive  refuse. — No  manure,  cellar  dirt, 
garbage,  offal,  dead  animals,  or  refuse  of  any  kind  shall  be  received 
or  delivered  at  any  pier,  bulkhead  or  reclaimed  land,  or  placed 
thereon,  without  the  special  permit  of  the  commissioner.  (Rule  6). 

§ 63.  Inflammable  material.  The  loading,  discharging  or  keeping 
on  any  wharf,  pier  or  bulkhead  or  any  lighter,  barge  or  other  craft 
moored  to  any  wharf,  pier,  or  bulkhead  in  the  city,  of  cotton,  tur- 
pentine, rosin,  hay,  straw  or  other  inflammable  material  deemed 
extra  hazardous  in  the  standard  policy  of  fire  insurance  in  use  in 
the  State  of  New  York,  or  any  explosive,  shall  not  be  permitted, 
unless  the  same  is  covered  with  tarpauhns,  or  other  more  permanent 
or  substantial  material.  (Rule  7.) 

§ 64.  Building  material. — No  brick,  sand,  gravel  or  similar  ma- 
terial shall  be  unloaded  on  any  wharf  property,  unless  a permit 
therefor  shall  be  issued  by  the  superintendent  of  docks,  and  no  such 
material  shall  be  unloaded  on  unleased  city  property  unless  an 
application  shall  be  submitted  to  the  superintendent,  accompanied 
by  a receipt  from  dock  master  for  $12.50,  specifying  the  name  of  the 
vessel  from  which  the  cargo  is  to  be  unloaded,  and  a permit  issued 
therefor  by  the  superintendent.  At  the  expiration  of  10  days  from 
the  date  of  said  permit,  if  any  portion  of  said  cargo  remains,  a similar 
application,  accompanied  by  a receipt  for  $12.50,  additional,  shall 
be  submitted,  as  in  the  first  instance.  No  vessel  carrying  such 
material  or  cargo  shall  be  allowed  to  occupy  a berth  for  a period 
longer  than  5 days,  when  said  berth  is  required  by  another  vessel. 
City  wharf  property  under  permit  shall  be  deemed  leased  property, 
within  the  meaning  of  this  section.  (Rule  11.) 

ARTICLE  6 

WHARFAGE  RATES 

Sec.  80.  General  traffic. 

§ 81.  State  traffic. 

§ 82.  Local  traffic. 

§ 83.  Vessels  carrying  shell-fish. 

§ 84.  Floating  structures;  grain  elevators. 

§ 85.  Canal-boats  and  brick-carriers. 

§ 86.  Coal  hoists  and  derrick-scows. 

§ 87.  Dump-scows. 

§ 88.  Berthing  fees. 

§ 89.  Payment  of  wharfage. 

§ 90.  Top- wharf  age. 

§ 91.  Rates  to  be  printed  on  wharfage  bills;  overcharge*. 


DOCKS,  FERRIES  AND  HARBOR  CONTROL 


157 


§ 80.  General  traffic. — Except  as  otherwise  provided  in  this  article, 
wharfage  and  dockage  shall  be  charged  for  each  day,  or  part  of 
day,  a ship  or  vessel  shall  use  or  be  made  fast  to  any  dock,  pier, 
wharf  or  bulkhead,  or  shall  make  fast  to  any  vessel  lying  at  any 
such  water  front  property,  or  to  any  other  vessel  lying  outside  thereof 
and  made  fast  thereto,  at  the  following  rates: 

For  each  vessel  of  200  tons  burden  and  under,  2 c.  per  ton;  and 
for  each  vessel  over  200  tons  burden,  2c.  per  ton  for  each  of  the 
first  200  tons  burden  and  of  Ic.  per  ton  for  every  additional  ton. 
(Charter,  § 859  in  part.) 

§ 81.  State  traffic. — Vessels  known  as  North  River  barges,  market 
boats  and  sloops,  employed  upon  the  waters  of  this  state,  and  schoon- 
ers, exclusively  employed  upon  such  waters,  shall  pay  wharfage  or 
dockage  for  each  day  or  part  of  a day,  at  the  following  rates. 


Under  50  tons  burden $0.50 

50  tons,  and  under  100 .6234 

100  tons,  and  under  150 .75 

150  tons,  and  under  200 8734 

200  tons,  and  under  250 1.00 

250  tons,  and  under  300 1.1234 

300  tons,  and  under  350 1.25 

350  tons,  and  under  400 1.3734 

400  tons,  and  under  450 1.50 

450  tons,  and  under  500 1.6234 

500  tons,  and  under  550 1.75 

550  tons,  and  under  600 1.8734 

600  tons  and  upward,  $1.8734  per  50  tons  in  excess  of  600  tons. 
(Charter,  859  in  part.) 


§ 82.  Local  traffic. — Lighters  and  barges  employed  in  lightering 
freight  in  the  port  of  New  York  shall  pay  wharfage  and  dockage  at 
the  rate  of  Ic.  per  running  foot,  actual  linear  measurement,  along 
the  side  of  the  vessel.  (Charter,  § 859  in  part.) 

§ 83.  Vessels  carrying  shellfish. — Vessels  of  200  tons  burden  and 
under,  which  shall  be  actually  engaged  in  carrying  oysters  or  other 
shellfish,  and  which  make  fast  to  any  water-front  property  shall 
pay  wharfage  and  dockage  at  the  rate  of  134c.  per  ton  each  day,  and 
every  such  vessel  which  shall  make  fast  to  another  vessel  lying  at 
any  water-front  property,  or  to  any  vessel  lying  outside  of  such  vessel, 
or  that  shall  anchor  within  any  slip  or  basin,  shall  pay  Ic.  per  ton 
per  day;  provided,  that  no  vessel  shall  pay  less  than  25c.,  nor  less 
than  1 day’s  wharfage,  nor  shall  more  than  1 day’s  wharfage  be 
charged  unless  for  a continuous  use  of  the  pier,  wharf,  bulkhead, 
slip  or  basin  of  more  than  24  hours.  (Charter  § 860.) 

§ 84.  Floating  structures;  grain  elevators. — Every  vessel  or  floating 
structure,  other  than  those  above  named,  used  for  transportation  of 
freight  or  passengers,  shall  pay  double  the  first  rate  prescribed  in 
§ 80  of  this  article;  except  that  floating  grain  elevators  shall  pay 
one-half  of  such  rate.  (Charter,  § 859.) 

§ 85.  Canal  boats  and  brick  carriers. — Every  canal  boat  and  every 
vessel  engaged  in  freighting  brick  on  the  Hudson  river,  occupying  a 
berth  next  to  any  water-front  property  and  engaged  in  delivering 
cargo  upon  said  pier,  wharf,  or  bulkhead,  or  receiving  cargo  there- 


158 


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from,  shall  pay  wharfage  at  the  rate  of  50c.  for  every  day  or  part  of  a 
day  while  so  engaged;  but,  when  unloaded,  such  canal  boats  or  ves- 
sels shall  pay  wharfage  at  the  rate  of  30c.  per  day  or  part  thereof; 
provided  no  canal  boat  or  vessel,  lying  in  any  slip  between  two 
adjacent  piers,  shall  be  required  to  pay  full  wharfage  to  the  owners 
or  lessee  of  both  such  piers  for  the  same  day,  notwithstanding  she 
may,  during  said  day,  have  changed  her  location  between  the  piers; 
but  she  shall  pay  one-half  rates  to  each  owner  or  lessee  in  such  case. 
(Charter,  § 861.) 

§ 86.  Coal  hoists  and  derrick  scows. — Coal  hoists  on  scows  or  floats 
and  vessels,  loading  or  unloading  derrick  stone,  old  paving  blocks 
and  asphalt  from  street  surfaces,  shall  pay  $1.00  per  day  for  derrick 
scow;  $1.00  per  day  for  boat  lying  next  to  a dock  or  next  to  a derrick, 
and  regular  wharfage  for  any  additional  boats.  Derrick  scows 
occupying  berth  without  scows  or  other  vessels,  $2.00  per  dav. 
(Rule.) 

§ 87.  Dump  scows. — Vessels  loading  or  unloading  ashes  or  similar 
material  shall  pay  wharfage  or  dockage  at  the  rate  of  Ic.  per  day  per 
running  foot.  (Rule.) 

§ 88.  Berthing  fees. — ^Every  vessel  making  fast  to  a vessel  at  any 
pier,  wharf,  or  bulkhead,  or  to  another  vessel  outside  of  such  vessel, 
or  at  an  anchor  within  any  slip  or  basin,  when  not  receiving  or  dis- 
charging cargo  or  ballast,  shall  pay  one-half  of  rates  provided  for 
vessels  of  her  class  in  the  preceding  sections  of  this  article.  (Charter, 

§ 859;  in  part.) 

§ 89.  Payment  of  wharfage. — Dock  masters  must  collect  in  cash  . 
any  and  all  wharfage  daily  except  in  cases  where  a credit  account  has 
been  opened  by  consent  of  the  commissioner.  Payment  for  wharf- 
age, by  those  having  credit  accounts,  must  be  made  direct  to  the 
cashier  of  the  department  within  10  days  after  receipt  of  bill.  In 
case  a vessel  shall  leave  a pier,  wharf,  bulkhead,  slip  or  basin  before 
the  payment  of  the  wharfage  or  dockage  due  on  her  account,  the 
owner,  consignee  or  person  in  charge  of  such  vessel  shall  be  liable  to 

Eay  double  the  rates  of  wharfage  for  vessels  of  her  class,  established 
y the  preceding  sections  of  this  article.  (Rule.) 

§ 90.  Top  wharfage. — The  owner  or  the  lessee  of  any  wharf,  pier  or 
bulkhead  may  charge  and  collect  the  sum  of  5c.  per  ton  on  all  goods, 
merchandise  and  materials  remaining  on  the  water  front  property, 
owned  or  leased  by  him,  for  every  day  after  the  expiration  of  24 
hours  from  the  time  the  goods,  merchandise  and  materials  shall 
have  been  left  or  deposited  thereon,  and  he  shall  have  a lien  on  such 
goods,  merchandise  and  materials  for  such  charges  until  the  same 
shall  have  been  paid.  (Charter,  § 862.) 

§ 91.  Rates  to  he  printed  on  wharfage  bills;  over  charges. — All  persons 
owning  or  having  charge  of  water  front  property  shall  cause  all 
provisions  of  this  article  to  be  printed  on  the  back  of  each  bill  pre- 
sented by  them  for  wharfage,  and  the  owner,  consignee,  or  person  in 
charge  of  any  vessel  shall  not  be  required  to  pay  the  wharfage  or 
dockage  due  on  such  vessel  unless,  upon  his  demand,  the  bill  pre- 
sented to  him  is  printed  in  conformity  with  this  section.  Any  person, 
owning  or  having  charge  of  any  water  front  property,  who  shall 
receive  for  wharfage  any  rates  in  excess  of  those  authorized  by  this 
article,  shall  forfeit  to  the  party  aggrieved  treble  the  amount  so 


DOCKS,  FERUIES  AND  HARBOR  CONTROL 


159 


charged  as  damages,  to  be  sued  for  and  recovered  by  the  party  ag- 
grieved. (Charter,  § 863.) 


ARTICLE  7 

FERRIES 

Sec.  100. 

ARTICLE  8 

PROTECTION  OF  NAVIGATION 

Sec.  120.  Obstructions  to  navigation. 

§ 121.  Vessels  lying  at  ends  of  piers. 

§ 122.  Fouling  navigable  waters. 

§ 123.  Ashes  and  refuse  from  vessels. 

§ 124.  Violations. 

Sec.  120.  Obstructions  to  navigation. — In  case  any  pier,  bulkhead, 
platform  or  other  wharf  structure  shall  be  abandoned  and  constitute 
an  obstruction  to  navigation,  or  a vessel  shall  be  stranded,  sunken  or 
wrecked  and  be  abandoned  for  10  days,  the  commissioner  shall 
notify  the  owner  of  such  abandoned  property  or  vessel,  if  known  to 
him,  to  remove  the  same  forthwith,  but  if  the  owner  be  not  known 
to  the  commissioner,  or  is  not  within  the  city,  or  shall  fail  to  comply 
with  the  notice,  the  commissioner  shall  cause  such  obstruction  or 
vessel  to  be  removed,  and  the  expense  of  such  removal  shall  be 
recoverable  by  action  from  the  owner  and  shall  be  a lien  on  the 
property  or  vessel  so  removed  until  paid.  If  such  property  or  vessel 
be  not  claimed  within  30  days  after  removal,  the  commissioner  shall 
advertise  the  same  for  sale,  at  public  auction  to  the  highest  bidder, 
in  the  City  Record  for  6 days.  The  proceeds  of  each  such  sale  shall  be 
paid  into  the  city  treasury.  (Rule  11.) 

§ 121.  Vessels  lying  at  outer  end  of  wharfs. — No  vessel,  canal  boat, 
barge,  lighter  or  tug  shall  obstruct  the  waters  of  the  harbor,  by  lying 
at  the  exterior  end  of  wharves  in  the  waters  of  the  North  or  the  East 
River,  except  at  their  own  risk  of  injury  from  vessels  entering  or 
leaving  any  adjacent  dock  or  pier.  (Charter,  § 879.) 

§ 122.  Fouling  navigable  waters. — 1.  Dumping.  No  wharf,  pier  or 
slip,  or  bulkhead  adjacent  thereto,  in  the  navigable  waters  of  the 
port  of  New  York,  which  has  heretofore  been  used  for  the  loading 
and  discharging  of  sailing  vessels,  regularly  employed  in  foreign 
commerce  and  having  a draught  of  more  than  18  feet  of  water,  shall 
be  used  as  a dumping  ground. 

2.  Harbor  pollution.  The  placing,  discharging  or  depositing,  by 
any  process  or  in  any  manner,  of  offal,  fruit,  vegetables,  piles,  lumber, 
timber,  driftwood,  dirt,  ashes,  cinders,  mud,  sand,  dredging,  sludge, 
acid,  or  any  other  refuse  matters,  floatable  or  otherwise,  in  the  tidal 
waters  of  the  port  of  New  York  is  hereby  strictly  prohibited,  except 
under  the  supervision  of  the  United  States  supervisor  of  the  harbor. 

3.  Snow  and  ice.  No  snow  or  ice  shall  be  dumped  into  the  waters 
adjacent  to  water-front,  except  from  piers,  bulkheads  and  other 


UK)  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

places  designated  from  time  to  time  by  the  commissioner.  (Charter, 
§ 878,  Rule  8.) 

§ 123.  Ashes  and  ref  use  from  vessels. — Scows  employed  by  the  city 
or  by  contractors  for  removing  ashes,  garbage  and  refuse,  while 
moored  at  the  various  dumping  boards  of  the  city  are  hereby  re- 
quired to  receive,  directly,  all  ashes  or  rubbish  from  vessels  in  the 
harbor,  and  2 or  more  scows  shall  be  located  at  such  points  as  the 
supervisor  of  the  harbor  may  direct,  for  the  special  use  of  boats  and 
vessels  wishing  to  discharge  ashes  or  rubbish.  (Charter,  §881.) 

§ 124.  Violations. — Any  person  violating  any  provision  of  this 
article  shall,  upon  conviction  therefor,  be  punished  by  a fine  of  not 
more  than  $250  nor  less  than  $5,  or  imprisonment  for  not  more  than 
6 months  nor  less  than  10  days,  one-half  of  said  fine  to  be  paid  to  the 
person  giving  information  which  shall  lead  to  the  conviction  of  the 
offender.  (Charter,  § 880.) 


CHAPTER  9 
Electrical  Control 

(So  in  original.  This  matter  will  presumably  be  taken  up  in  the 
future.) 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


161 


CHAPTER  10 

Explosives  and  Hazardous  Trades 

REGULATIONS  OF  THE  MUNICIPAL  EXPLOSIVES  COMMISSION 

Article  1.  General  provisions. 

2.  Certificates  and  permits. 

3.  Bonds  and  fees. 

4.  Manufacture,  storage,  sale,  transportation  and  use  of 

explosives. 

5.  Ammunition. 

6.  Fireworks. 

7.  Matches. 

8.  Mineral  oils. 

9.  Inflammable  mixtures. 

10.  Combustible  mixtures. 

11.  Garages. 

12.  Motor  vehicle  repair  shops. 

13.  Dry  cleaning  and  dry  dyeing  estabhshments. 

14.  Sponging. 

15.  Paints,  varnishes  and  lacquers. 

16.  Calcium  carbide. 

17.  Gases  under  pressure. 

18.  Refrigerating  plants. 

19.  Nitro-cellulose. 

20.  Inflammable  motion-picture  films. 

21.  Distilled  hquors  and  alcohols. 

22.  Oils  and  fats. 

23.  Technical  establishments. 

24.  Wholesale  drug  stores  and  drug  and  chemical  supply- 

houses. 

25.  Retail  drug  stores. 

26.  Miscellaneous. 

This  chapter  consists  of  the  Regulations  of  the  Municipal  Explosive  Commission 
rearranged  and  classified,  These  regulations  were  originally  authorized  by  Ord.  of 
May  19,  1902,  pursuant  to  § 763  of  the  charter.  But  ch.  495,  L.  1914,  abolished 
the  Commission,  transferred  its  powers  to  the  Fire  Comr.,  made  the  existing  regula- 
tions a chapter  of  the  code  of  Ordinances,  and  gave  the  Board  of  Aldermen  power 
“to  amend  or  repeal.” 


ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Definitions. 

§ 2.  Construction  of  chapter. 

§ 3.  Federal  government. 

§ 4.  City  officers. 

§ 5.  Seizure  of  contraband  material. 

§ 6.  Revenues,  disposition  of. 

§ 7.  Electrical  perils,  protection  against. 
11 


162  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

§ 8.  Smoking  prohibited. 

§ 9.  Fire  extinguishing  apphances. 

Sec.  1.  Definitions. — Unless  otherwise  expressly  stated,  whenever 
used  in  this  chapter  the  following  terms  shall  respectively  be  deemed 
to  mean: 

1.  Ammunition^  a metal  or  other  shell  containing  a fuhninate,  or 
containing  black  or  smokeless  powder  for  the  purpose  of  propelling 
projectiles  or  shot;  or  black  or  smokeless  powder  packed  for  use  as 
a propelling  charge  or  for  saluting  purposes; 

2.  Black  powder  { gunpowder) ^ any  explosive  substance  composed 
of  sulphur,  charcoal  and  either  sodium  or  potassium  nitrate: 

3.  Blasting  cap,  a cap  or  detonator,  with  wires  attached  for  ex- 
ploding the  same  by  means  of  electricity; 

4.  Blasting  powder,  an  explosive  substance  composed  of  sulphur, 
charcoal  and  sodium  nitrate,  specially  prepared  for  the  purpose  of 
blasting; 

5.  Bond,  a written  obligation  or  undertaking,  under  seal,  whereby 
an  applicant  for  or  holder  of  a permit  engages  and  agrees  to  indem- 
nify the  city  for  any  loss,  damage  or  injury  resulting  from  his  acts 
under  such  permit; 

6.  Building  or  separate  building,  a unit  of  construction  with  ex- 
terior masonry  walls,  erected  upon  suitable  foundations.  No  por- 
tion of  a building  shall  be  considered  a separate  building  unless  the 
dividing  wall  or  walls  rise  from  the  foundation  to  some  height  above 
the  roof; 

7.  Certijicate  of  approval,  a written  statement  issued  by  the  fire 
commissioner,  certifying  that  the  t3T)e,  class  or  kind  of  article  or 
thing  mentioned  therein  has  been  examined,  tested  and  approved 
in  conformity  with  this  chapter,  and  that  it  is  authorized  to  be 
manufactured,  stored,  transported,  sold  or  used; 

8.  Certificate  of  fitness,  a written  statement  issued  by  the  fire 
commissioner,  certifying  that  the  person  to  whom  it  is  issued  has 
passed  an  examination  as  to  his  qualifications  to  perform  the  work 
mentioned  therein,  and  that  he  has  authority  to  perform  such  work 
during  the  term  specified; 

9.  Certificate  of  registration,  a written  statement  issued  by  the  fire 
commissioner,  certifying  that  the  person,  association  or  corporation 
named  therein  has  registered  his  or  its  name  with  the  commissioner 
in  conformity  with  the  provisions  of  this  chapter; 

10.  Combustible  fiber,  any  finely  divided  vegetable  or  animal  fiber, 
fabric  or  substance; 

11.  Combustible  mixture,  any  liquid  or  solid  mixture,  or  substance,* 
or  compound,  which  does  not  emit  an  inflammable  vapor  at  a tem- 
perature below  100°,  when  tested  in  a Tagliabue  open  cup  tester, 
but  which  may  be  ignited  and  caused  to  burn; 

12.  Dry  cleaning  or  dry  dyeing,  the  act  or  process  of  washing  or 
immersing  in  volatile  inflammable  oil  or  liquid  a garment,  fabric, 
fiber,  substance  or  article,  for  the  purpose  of  cleaning  or  dyeing 
the  same; 

13.  Essential  oil,  an  oil  used  for  flavoring  or  perfuming  purposes; 

14.  Explosive,  explosive  compound  or  mixture,  or  explosive  article, 
any  substance  or  compound  or  mixture,  or  article  having  properties 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


163 


of  such  a character  that  alone,  or  in  combination  or  contiguity  with 
other  substances  or  compounds,  may  decompose  suddenly  and  gen- 
erate sufficient  heat  or  gas  or  pressure,  or  any  or  all  of  them,  to 
produce  rapid  flaming  combustion,  or  administer  a destructive 
blow  to  surrounding  objects; 

15.  F.y  Fahrenheity  the  Fahrenheit  thermometer; 

16.  Fire  resisting  material,  all  non-combustible  material,  and  all 
combustible  materials  used  in  the  construction  of  any  building, 
premises,  or  part  thereof,  when  covered  with  metal,  plaster,  con- 
crete, asbestos  or  other  non-combustible  substance,  or  treated  with 
an  approved  fireproofing  process  which  prevents,  delays  or  retards 
combustion; 

17.  Fireworks,  any  combustible  or  explosive  composition,  or  any 
substance  or  combination  of  substances,  or  article,  prepared  for 
the  purpose  of  producing  a visible  or  an  audible  pyrotechnic  effect 
by  combustion,  explosion,  deflagration  or  detonation; 

18.  Fuel  oil,  any  liquid  mixture,  substance  or  compound,  derived 
from  petroleum,  which  does  not  emit  an  inflammable  vapor  below 
a temperature  of  125°  F.,  when  tested  in  a Tagliabue  open  cup 
tester; 

19.  Garage,  a building,  shed  or  enclosure,  or  any  portion  thereof, 
in  which  a motor  vehicle,  containing  volatile  inflammable  oil  in  its 
fuel  storage  tank,  is  stored,  housed  or  kept; 

20.  Gas  under  pressure,  a gas  or  compound  or  gases,  either  in  a 
gaseous  or  liquid  form,  compressed  to  a pressure  greater  than  6 
pounds  to  the  square  inch; 

21.  Guncotton,  that  nitro  cellulose  chemically  known  as  hexa- 
nitro-cellulose,  and  generally  used  alone  or  in  combination  with 
other  substances  as  a blasting  explosive  or  as  a propelling  charge, 
and  includes  all  cellulose  nitrates  of  a higher  degree  of  nitration : 

22.  Inflammable  mixture,  any  liquid,  or  any  mixture,  substance, 
or  compound,  that  contains  more  than  10  per  cent,  by  volume  of 
volatile  inflammable  oil,  or  which  will  emit  an  inflammable  vapor 
at  a temperature  below  100°  F.,  when  tested  in  a Tagliabue  open 
cup  tester; 

23.  Inflammable  motion  picture  film,  a film  made  of  nitro-cellulose 
product  or  other  similar  substance,  used  for  the  purpose  of  displaying 
motion-pictures  for  exhibition: 

24.  Kerosene  or  Kerosene  oil,  any  liquid  product  of  petroleum, 
commonly  used  for  illuminating  purposes,  which  does  not  emit  an 
inflammable  vapor  below  a temperature  of  100°  F.,  when  tested  in  a 
Tagliabue  open  cup  tester; 

25.  Lubricating  oil,  an  oil  used  to  reduce  friction,  whether  of 
animal,  vegetable  or  mineral  origin,  or  a compound  thereof ; 

26.  Match,  a stick,  fibre  or  wick  of  wood,  paper  or  other  material, 
cut,  prepared,  manufactured  or  treated  so  that,  by  friction,  contact 
or  otherwise,  with  or  upon  a surface  or  substance,  it  will  ignite  and 
produce  a flame  or  combustion ; 

27.  Motor  vehicle,  a vehicle  or  other  conveyance  having  more 
than  2 running  wheels,  and  using  a volatile  inflammable  oil  as  fuel 
for  generating  motive  power,  excepting  such  vehicles  as  have  a 
storage  tank  of  a capacity  of  less  than  2 gallons  of  a volatile  inflam- 
mable oil; 


164  CODE  OF  ORDINANCES  OFJTHE  CITY  OF  NEW  YORK 

28.  Motor  vehicle  repair  shop,  a building,  shed  or  enclosure,  or  any 
portion  thereof,  wherein  is  conducted  the  general  business  of  repairing 
motor  vehicles; 

29.  Nitro-cellulose  product,  any  substance,  material,  or  compound, 
having  soluble  cotton  as  a base,  including  pyralin,  celluloid,  fibreoid, 
viscoloid,  and  similar  materials  and  compounds  by  whatever  name 
known,  when  in  the  form  of  blocks,  slabs,  sheets,  rods,  tubes  or  other 
shapes,  and  intended  to  be  used  for  further  manufacture; 

30.  Oil  and  fat,  any  oil,  fat  or  grease,  of  animal,  vegetable  or 
mineral  origin,  except  essential  oils; 

31.  Permit,  the  written  authority  of  the  fire  commissioner,  issued 
pursuant  to  this  chapter,  for  the  manufacture,  transportation, 
storage,  sale,  or  use  of  any  finished  or  unfinished  product,  article 
or  thing,  or  any  material  or  substance  entering  into  the  composition 
thereof ; 

32.  Private  garage,  a garage  wherein  motor  vehicles  containing 
volatile  inflammable  oil  are  stored,  housed  or  kept,  and  which  are 
not  for  sale,  rent  or  hire,  or  subject  to  charges  for  storage; 

33.  Public  garage,  a garage  wherein  motor  vehicles  containing 
volatile  inflammable  oil  are  stored  or  housed  for  pay,  or  kept  for 
sale,  rent  or  hire; 

34.  Retail  drug  store,  a store  or  building  used  for  the  compounding 
and  dispensing,  usually  in  the  form  of  physicians’  prescriptions,  or 
for  the  selling  of  small  quantities  of  medicinal  preparations,  pro- 
prietary articles,  drugs,  chemicals,  oils,  volatile  solvents  and  other 
substances  which,  alone  or  in  combination  with  any  other  article  or 
substance,  are  of  a highly  combustible,  inflammable  or  explosive 
nature; 

35.  Safety  or  slow  burning  fuse,  a train,  or  core,  of  black  powder 
surrounded  by  strands  of  jute,  hemp  or  other  fiber,  and  usually 
covered  with  a waterproofing  material; 

36.  Smokeless  powder,  a propellant  for  small  arms  or  cannon,  in 
the  combustion  of  which  smoke  is  largely  eliminated,  and  having 
for  its  explosive  base  nitro-cellulose  in  varying  proportions; 

37.  Soluble  cotton,  pyroxylin  or  nitro-cellulose,  including  all 
cellulose  nitrates  below  that  chemically  known  as  hexa-nitro-cellu- 
lose,  and  soluble  in  a volatile  inflammable  liquid; 

38.  Special  permit,  the  written  authority  of  the  fire  commissioner 
(a)  to  conduct  a given  business,  occupation,  trade  or  industry 
in  a manner  not  specifically  provided  for  in  this  chapter,  when  the 
circumstances  and  conditions  surrounding  such  business,  occupa- 
tion, trade  or  industry  make  it  impracticable  to  comply  with  the 
general  regulations  otherwise  applicable  thereto;  or  (b)  to  store, 
keep,  transport,  sell  or  use  a given  article  or  thing  in  excess  of  the 
quantity  specified  in  this  chapter.  The  term  “special  permit” 
shall  also  include  certificates  of  fitness  and  certificates  of  approval; 

39.  Sponging,  the  act  or  process  of  applying  volatile  inflammable 
oil  or  liquid  to  a garment,  fabric,  fiber  or  article,  for  the  purpose  of 
removing  spots  or  stains  therefrom; 

40.  Technical  establishment,  a building  or  place  where  explosives, 
inflammable  or  highly  combustible  substances  are  produced,  used 
or  stored  for  use,  or  where  chemicals  or  other  materials  entering  into 
the  jiroduction  of  such  substances  are  stored  or  used,  excepting 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


165 


those  establishments  which  are  specifically  treated  under  other 
classifications  in  this  chapter; 

41.  Tenement-house,  a tenement  house  as  defined  in  the  Tenement 
House  Law,  L.  1909,  Ch.  99,  Sec.  2,  Subd.  1,  as  amended  by  Ch.  13, 
L.  1912; 

42.  Vault,  a covered  excavation,  or  chamber,  below  the  street 
level,  with  masonry  walls  and^roof,  constructed  outside  the  founda- 
tion walls  of  a building,  and  with  but  one  entrance,  fitted  with  a 
self-closing  fireproof  door; 

43.  Volatile  inflammable  oil,  any  oil  or  liquid  that  will  generate 
an  inflammable  vapor  at  a temperature  below  100°  F.  when  tested 
in  a Tagliabue  open  cup  tester; 

44.  Wholesale  drug  store  or  drug  and  chemical  supply  house,  a build- 
ing or  place  used  for  receiving,  handling,  storing  or  keeping  for  sale, 
in  large  quantities,  medicinal  preparations,  proprietary  articles, 
drugs,  chemicals,  oils,  volatile  solvents,  and  other  substances  which, 
alone  or  in  combination  with  other  substances  or  articles,  are  of  a 
highly  combustible,  inflammable  or  explosive  nature. 

§ 2.  Construction  of  chapter. — Wherever  in  this  chapter  a given 
article  refers  to  and  treats  of  a particular  business,  trade  or  industry, 
the  regulations  therein  contained  shall  not  be  held  to  apply  to  any 
other  business,  trade  or  industry  not  specifically  mentioned  or 
referred  to  in  such  article. 

§ 3.  Federal  government. — Nothing  contained  in  this  chapter  shall 
be  construed  as  applying  to  the  transportation  of  any  article  or 
thing  shipped  in  conformity  with  the  regulations  prescribed  by  the 
interstate  commerce  commission;  nor  as  applying  to  the  military  or 
naval  forces  of  the  United  States,  nor  to  the  duly  authorized  militia 
of  any  state  or  territory  thereof. 

§ 4.  City  officers. — The  heads  of  the  various  departments  of  the 
city  shall  be  subject  to  the  provisions  of  this  chapter  with  regard  to 
obtaining  permits  and  with  regard  to  the  requirements  for  certifi- 
cates of  fitness  for  their  employees;  but  they  shall  not  be  required  to 
furnish  a bond  or  to  pay  a fee  in  connection  therewith. 

§ 5.  Seizure  of  contraband  material. — Any  article  or  thing  the 
manufacture,  transportation,  storage,  keeping,  sale  or  use  of  which  is 
prohibited  by  this  chapter,  or  which  is  manufactured,  transported, 
stored,  sold,  kept,  or  used  in  violation  thereof,  is  liable  to  seizure 
by  the  fire  commissioner,  and  may  be  disposed  of  at  his  discre- 
tion. 

§ 6.  Revenues,  disposition  of. — All  fees,  fines  and  forfeitures,  and 
all  proceeds  of  suits  for  penalties,  which  may  be  paid  or  collected 
pursuant  to  this  chapter,  shall  be  paid  in  and  disbursed  pursuant  to 
chapter  xv,  title  5 of  the  Charter. 

§ 7.  Electrical  perils;  protection  against. — In  workshops,  factories, 
and  other  establishments,  where  volatile  inflammable  oils  or  liquids, 
or  inflammable  or  explosive  substances,  are  used  or  handled,  all 
fixtures,  machinery  and  apparatus  liable  to  generate  or  be  affected 
by  an  electric  spark,  or  which  are  in  any  way  exposed  to  the  influence 
of  an  electric  discharge  (such  as  lighting),  shall  be  grounded’^  in  a 
manner  satisfactory  to  the  fire  commissioner. 

§ 8.  Smoking  prohibited. — No  person  shall  smoke  or  carry  a lighted 
cigar,  cigarette,  pipe  or  match  wfithin  any  room  or  enclosed  place,  or 


166 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


in  any  cellar  or  basement,  or  in  any  part  of  any  premises  in  which  an 
explosive  or  highly  combustible  or  inflammable  material  is  manufac- 
tured, stored  or  kept  for  use  or  sale.  Offices  not  containing  explosive, 
highly  combustible  or  inflammable  material,  and  separated  from 
the  other  parts  of  said  places  or  premises  by  a tight  partition  or  a 
self-closing  door,  shall  be  exempt  from  the  above  prohibition. 

§ 9.  Fire-extinguishing  appliances, — ^The  fire  commissioner  may, 
before  granting  any  permit  hereinafter  prescribed,  require  the 
installation  of  water-buckets,  sand  buckets,  fire  extinguishers,  metal 
receptacles  for  rubbish  and  other  means  of  preventing  and  extin- 
guishing fire,  where  the  same  are  not  specifically  required  in  this 
chapter. 

Regulations  and  orders  issued  herein  come  within  the  police  power  and  will  be 
so  treated.  Foote  v.  Fire  Dept.»  5 Hill,  99;  Cathcart  v.  Fire  Dept.,  26  N.  Y.  529. 
An  inspector  may  be  required  to  act  without  waiting  for  order  from  Fire  Com- 
sioner.  People  v.  Murray,  76  App.  Div.  118,  aff’d  175  N.  Y.  479. 


ARTICLE  2 

CERTIFICATES  AND  PERMITS 

Sec.  20.  Applications. 

§ 21.  Certificate  of  fitness. 

§ 22.  Certificate  of  approval. 

§ 23.  Certificate  of  registration. 

§ 24.  Permits;  general  provisions. 

§ 25.  Special  permits. 

§ 26.  Renewals;  revocation. 

§ 27.  Inspection. 

Sec.  20.  Applications. — All  applications  for  certificates  or  permits 
required  by  the  provisions  of  this  chapter  shall  be  made  to  the  fire 
commissioner,  in  such  form  and  detail  as  he  shall  prescribe,  and  con- 
taining such  information  as  he  shall  require.  Except  applications  for 
certificates  of  fitness,  they  shall  be  accompanied  by  such  plans, 
drawings,  models  or  samples  as  the  commissioner  may  require. 

§ 21.  Certificate  of  fitness. — 1.  Qualifications.  An  applicant  for  a 
certificate  of  fitness  must — 

(a)  Be  at  least  21  years  of  age; 

(b)  Have  a reasonable  understanding  of  the  English  language  and 
be  able  to  answer  satisfactorily  such  questions  as  may  be  asked  him 
upon  his  examination; 

(c)  Produce  such  evidence  of  his  character,  habits  and  past 
employment  as  may  be  satisfactory  to  the  commission; 

(d)  Pass  an  examination,  by  a person  or  body  designated  by  the 
fire  commissioner,  upon  the  law  and  ordinance  regulations  governing 
the  transportation,  storage  and  use  of  the  substance,  compound  or 
article  relating  to  or  connected  with  the  service  to  be  performed  by 
him;  upon  the  risks  incident  to  his  employment,  and  upon  his  knowl- 
edge of  the  precautions  necessary  to  be  taken  in  connection  therewith. 

Upon  the  approval  of  such  examiner  or  examining  body,  the  fire 
commissioner  may  issue  to  him  a certificate  of  fitness.  An  applicant 
for  such  certificate,  who  has  failed  to  pass  a satisfactory  examination 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


167 


may  renew  his  application  after  the  expiration  of  3 months  from  the 
date  of  his  last  examination ; 

2.  Photographs.  Each  application  for  such  a certificate  shall  be 
accompanied  with  2 unmounted  photographs  of  the  applicant,  taken 
in  ordinary  working  clothes,  not  less  than  2 by  3 inches;  one  of  which 
shall  be  attached  to  the  application,  the  other  to  the  certificate  of 
fitness  when  issued. 

§ 22.  Certificates  of  approval. — Each  application  for  a certificate  of 
approval  shall  be  accompanied  with  the  article  or  thing  sought  to  be 
approved,  or  with  complete  working  drawings  thereof.  The  appli- 
cant for  the  certificate  shall,  at  his  own  cost  and  expense,  furnish  to 
the  fire  commissioner  any  required  opportunity  to  make  an  analysis, 
test  or  examination  of  the  article  or  thing  which  is  the  subject  of  his 
application,  under  such  conditions  as  may  be  prescribed  by  the 
commissioner;  or  shall,  if  directed,  have  such  analysis,  test  or  exam- 
ination made  at  a laboratory  or  testing  establishment  to  be  desig- 
nated by  the  commissioner.  Each  article  or  thing  of  a type  for  which 
a certificate  of  approval  shall  have  been  issued  shall  have  the  number 
of  such  certificate  plainly  marked  or  stamped  thereon,  or  attached 
thereto. 

§ 23.  Certificates  of  registration. — An  application  for  a certificate  of 
registration  of  the  name  of  a person,  association  or  corporation 
manufacturing,  outside  the  city,  any  article  or  thing  which  is  to  be 
stored,  sold  and  used  within  the  city,  shall  be  in  such  form  and  detail 
as  the  fire  commissioner  may  prescribe,  and  shall  contain  a general 
description  of  the  article  or  thing  sought  to  be  registered. 

§ 24.  Permits;  general  provisions. — 1.  Survey.  Before  issuing  a 
permit  for  the  manufacture,  storage  or  sale  of  any  article  or  thing 
covered  by  this  chapter,  the  fire  commissioner  may  require  a survey 
to  be  made  of  the  premises  where  such  manufacture,  storage  or  sale  is 
to  be  conducted. 

2.  Not  transferable.  A permit  is  not  transferable,  but  the  business 
may  be  transferred  to  a new  location  under  the  same  ownership,  and 
in  case  a business  conducted  under  a permit  changes  ownership,  the 
new  owner,  before  assuming  control  of  such  business,  shall  obtain  a 
new  permit. 

§ 25.  Special  permits. — 1.  Continuing  old  business.  The  fire  com- 
missioner may,  by  special  permit,  authorize  the  continuance  of  any 
business,  or  the  storage,  sale  or  use  of  any  article,  apparatus  or  thing 
which  was  originally  authorized  by  a permit  issued  under  the  regula- 
tions of  the  municipal  explosives  commission,  in  force  on  January  1, 
1912,  or  he  may  waive  the  operation  of  this  chapter,  or  any  portion 
thereof,  in  sparsely  populated  districts. 

2.  Modifications.  When  the  circumstances,  conditions,  limitations 
or  surroundings  of  any  business,  occupation,  trade  or  industry  are 
unusual,  or  such  as  render  it  impracticable  to  enforce  all  regulations 
otherwise  applicable  thereto,  a special  permit  may  be  issued,  with 
such  modifications  of  requirements  as  may  be  deemed  proper. 

§ 26.  Renewals;  revocation. — Unless  otherwise  specifically  provided, 
all  permits,  certificates  of  fitness  and  certificates  of  registration  issued 
pursuant  to  this  chapter  shall  be  valid  for  one  year  from  date  of 
issue;  but  certificates  of  approval  of  a type,  class,  article,  apparatus, 
system  or  thing  shall  not  require  renewal.  The  fire  commissioner 


168 


CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 


may,  however,  at  any  time  modify,  suspend  or  revoke  any  permit  or 
certificate. 

§ 27.  Inspection. — A permit  or  certificate,  issued  pursuant  to  this 
chapter,  shall  at  all  times  be  subject  to  inspection  by  any  officer  of 
the  fire  or  police  departments. 


ARTICLE  3 

BONDS  AND  FEES 

Sec.  40.  Bonds,  general  provisions. 

§ 41.  Schedule  of  bonds  required. 

§ 42.  Fees  for  certificates. 

§ 43.  Fees  for  permits. 

§ 44.  Fees  for  special  permits. 

Sec.  40.  Bonds;  general  provisions. — All  bonds  required  to  be 
given  under  the  provisions  of  this  chapter  shall  be  approved  by 
the  comptroller,  as  to  the  sufficiency  of  the  sureties,  and  conditioned 
for  the  payment  of  any  loss,  damage  or  injury  resulting  to  persons 
or  property  by  reason  of  carelessness,  negligence  or  failure  to  comply 
with  the  requirements  of  this  chapter,  respecting  the  manufacture, 
transportation,  storage,  sale,  handling  or  use,  within  the  city,  of 
any  article  or  thing  covered  by  this  chapter;  except  that  no  bond 
shall  be  required  of  a contractor  in  connection  with  work  to  be  per- 
formed by  him  under  a contract  with  the  city,  provided  he  has  filed 
a general  indemnity  bond  covering  such  contract. 

§ 41.  Schedule  of  bonds  required. — Except  as  provided  in  § 40 
of  this  chapter,  applicants  for  permits  of  the  following  classes  shall 
give  bonds  in  the  penal  sums  hereinafter  specified,  namely: 


Class  of  Permit.  Bond. 


1.  Explosives: 

to  bring  into  the  city,  and  sell,  transport  and  de- 


liver  $ 5,000  00 

for  each  vessel  in  the  local  trade 5,000  00 

for  each  vehicle  engaged  in  local  delivery 5,000  00 

for  magazine,  first  class 25,000  00 

second  class 20,000  00 

third  class 15,000  00 

fourth  class 10,000  00 

fifth  class 5,000  00 

to  use 5,000  00 

2.  Fire-works: 

to  manufacture,  bond  oi  not  less  than 5,000  00 

to  store  and  sell, 

wholesale  value  of  $500 2,000  00 

wholesale  value  of  $1,500 5,000  00 

to  use  and  discharge,  wholesale  value  over  $10, 

single  occasion 1,000  00 

at  various  times  within  the  same  enclosure. . . . 2,000  00 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


169 


§ 42.  Fees  for  certificates. — Applicants  for  certificates  issued  under 


Class  of  certificate.  Fee. 


1.  Certificate  of  fitness  as  magazine  keeper $ 2 00 

other  certificates  of  fitness 5 00 

2.  Certificate  of  approval 25  00 

3.  Certificate  of  registration,  the  fee  required  for  a permit 

to  manufacture  a similar  article  or  thing  within  the 
city. 


§ 43.  Fees  for  permits. — Applicants  for  permits  under  the  provi- 
sions of  this  chapter  shall  pay  annual  fees  as  follows: 


Class  of  permits.  Annual  fee 


Ammunition  for  small-arms: 

to  load  by  hand $ 500 

to  store  and  sell, 

in  quantities  specified  in  § 81 50  00 

in  quantities  not  exceeding  25  per  cent,  of  quantities 

specified  in  § 81 10  00 

to  use  blank  cartridges  on  the  stage 2 00 

Black  powder j blasting  powder  or  smokeless  powder: 

to  store  14  to  250  lbs 10  00 

under  14  lbs 5 00 

Calcium  carbide: 

to  store,  less  than  600  lbs 10  00 

more  than  600  lbs 25  00 

Combustible  mixtures: 

to  manufacture 25  00 

to  store  and  sell 2 00 

Drug  store,  or  drug  or  chemical  supply-house: 

to  maintain  and  operate,  wholesale 10  00 

to  maintain  and  operate,  retail 2 00 

Electric  and  other  blasting  caps,  to  store  and  sell 25  00 

Explosives: 

to  bring  into  the  city  and  sell,  transport  and  deliver..  250  00 

for  each  vessel  carrying  locally 50  00 

for  each  vehicle  delivering  locally 50  00 

to  use 25  00 

each  magazine,  first  class 25  00 

second  class 20  00 

third  class 15  00 

fourth  class 10  00 

fifth  class 5 00 

Essential  oils,  storage  and  sale, 

500  lbs.  and  over 10  00 

100-500  lbs 5 00 

not  exceeding  100  lbs 2 00 


170 


CODE  OF  OKDINANCES  OF  THE  CITY  OF  NEW  YORK 


Fire-crackers j to  store  in  warehouse $ 25  00 

Fire-works: 

to  manufacture  and  store 100  00 

to  store  and  sell,  at  any  one  time: 

wholesale  market  value  of  $1,500 25  00 

of  wholesale  market  value  of  $500 10  00 

to  use  and  discharge  fire-works: 

at  various  times  within  the  same  enclosure 25  00  • 

on  single  occasion,  of  market  value  of  over  $10  . . . 2 00 

of  market  value  of  less  than  $10  50 

Fxiel  oil,  storage  and  use  of  over  5 bbls 5 00 

Garage,  to  maintain  and  operate, 

private,  for  storage  of  a single  motor  vehicle 5 00 

each  additional  motor  vehicle 2 00 

public,  one  gasoline  storage  tank 25  00 

each  additional  gasoline  storage  tank 10  00 

no  gasoline  storage  tanks 15  00 

Gases: 

to  generate  and  compress  acetylene  and  other  combus- 
tible gases,  including  storage  of  neces- 
sary carbide 50  00 

same,  pressure  not  to  exceed  15  lbs.  to  sq. 

in 5 00 

to  generate  and  compress  non-combustible 25  00 

to  store,  sell  or  use  non-combustible  gases  in  quantities 

of  250  cu.  ft.  or  over 5 00 

same,  less  than  250  cu.  ft 2 00 

to  store  tanks  or  cylinders  of  acetylene,  not  exceeding 

2,500  cu.  ft 5 00 

to  use  oxygen  in  blow-pipe  with  combustible  gas ....  5 00 

Hydro-carhon  and  other  coal-tar  products: 

to  distill,  handle  and  transport 100  00 

Inflammable  mixtures: 

to  manufacture 50  00 

except  where  no  volatile  inflammable  oil  or  inflam- 
mable coal  tar  product  is  stored  on  the  premises . . 10  00 

to  store  and  sell,  in  excess  of  250  gals 10  00 

from  50  to  250  gals 5 00 

for  quantities  not  exceeding  50  gals 2 00 

Inflammable  motion  picture  films,  to  manufacture,  develop 

or  store 50  00 

Kerosene  and  other  illuminating  oils,  to  store  and  sell  in 

quantities  not  exceeding  275  gals 1000 

Liquors,  spirits  or  alcohols,  to  manufacture,  distill,  rectify 

or  store 10  00 

Machine  oils,  lubricating  and  other  heavy  oils,  to  store  and 

sell,  over  5 bbls 10  00 

Matches: 

to  manufacture 25  00 

to  store  and  sell,  less  than  500  matchman’s  gross ....  5 00 

less  than  5,000  matchman’s  gross. . . 10  00 

more  than  5,000  matchman’s  gross. . 50  00 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


171 


Motor-vehicle  repair-shop,  to  maintain  and  operate $ 10  00 

for  storing  volatile  inflammable  oils, 

for  each  tank  of  275  gals,  or  less,  a fee  of 15  00 

Nitro-cellulose  products: 

to  store  and  use  in  manufacture,  100  lbs.  or  more. ...  50  00 

less  than  100  lbs 10  00 

to  collect,  transport  or  store  scraps  of 5 00 

Oils  and  fats,  to  store 10  00 

Paints,  varnishes  or  lacquers: 

to  manufacture,  mix  or  compound,  generally 50  00 

paints  only 25  00 

to  store  and  sell,  500  gals,  or  more 25  00 

100  to  500  gals 10  00 

less  than  100  gals 2 00 

to  store  and  use,  500  gals,  or  more 10  00 

100  to  500  gals 5 00 

20  to  100  gals 2 00 

Petroleum,  to  refine  and  distill 300  00 

Petroleum,  shale  oil  and  the  liquid  products  thereof  and  of 
coal-tar: 

to  store  in  a storage  plant 100  00 

to  store  and  sell, 

not  over  10  bbls.  or  500  gals,  in  cans 20  00 

at  retail,  not  over  100  gals 10  00 

Technical  establishment,  to  operate  and  maintain 25  00 

Volatile  inflammable  oils: 

to  store  and  sell  to  motor  boats,  not  over  10,000  gals.  25  00 
to  store  and  use  in  dry-cleaning  or  dry-dyeing  plants: 

275  gals,  or  over 50  00 

70  to  275  gals 20  00 

not  exceeding  70  gals 10  00 

sponging  plant 2 00 


Board  has  power  to  require  as  a license  fee  a sum  reasonable  in  amount  to  defray 
expense  of  issuing  and  recording  license.  Mayor  v.  Miller,  12  Daly,  496. 


§ 44.  Fees  for  special  permits. — For  a special  permit  the  applicant 
shall  pay  the  fee  fixed  by  the  fire  commissioner  at  the  time  of  au- 
thorizing the  permit. 


ARTICLE  4 

MANUFACTURE,  STORAGE,  SALE,  TRANSPORTATION  AND  USE  OF  EX- 
PLOSIVES 

Sec.  60.  Manufacture  prohibited. 

§ 61.  Storage,  sale,  transportation,  use  or  possession  of  explosives, 
generally. 

§ 62.  Packing  and  marking. 

§ 63.  Magazines. 

§ 64.  Delivery  by  vehicle. 

§ 65.  Vessels  carrying  explosives. 

§ 66.  Report  of  deliveries. 

§ 67.  Blasting  caps. 


172  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

§ 68.  Black  powder,  blasting  powder  or  smokeless  powder. 

§ 69.  Use;  blasting. 

Storage  of  large  quantities  of  explosives  is  a nuisance.  Ricker  v.  McDonald,  89 
App.  Div.  300. 

Sec.  60.  Manufacture  prohibited. — No  person  shall  manufacture 
railroad  track  torpedoes,  flashlight  compositions;  primers,  electric 
fuses,  safety  fuses  or  blasting  caps;  explosives  or  any  composition 
used  to  obtain  audible  or  visible  effects  by  combustion,  explosion 
or  detonation  in  cannon,  machine  or  rapid-fire  guns;  shells,  torpe- 
does or  war  rockets  in  the  city. 

§ 61.  Storage,  sale,  transportation,  use  or  possession  of  explosives, 
generally. — 1.  Permit.  No  person  shall  transport,  store,  sell,  deliver, 
use  or  have  in  his  possession  any  explosive  without  a permit. 

2.  Gun-cotton.  No  person  shall  transport,  store  or  sell  any  gun- 
cotton, except  in  a water-tight  metal  vessel  containing  no  more 
than  10  pounds  of  gun-cotton,  dry  weight,  and  at  least  20  per  cent, 
of  water. 

3.  Nitro-glycerine.  1.  No  person  shall  transport,  store,  keep, 
sell,  deliver,  use  or  have  in  his  possession  any  liquid  nitro-glycerine, 
nor  shall  any  person  store,  transport  or  use  between  November  1st 
and  March  15th,  any  explosive  which  will  freeze  or  deteriorate  at  a 
temperature  higher  than  10°  above  zero  F.;  provided,  that  permits 
may  be  issued  for  the  transportation  and  sale  of  nitro-glycerine  in 
the  form  of  tablets,  pills  or  granules,  in  quantities  not  exceeding 
10,000  pieces,  containing  no  more  than  one-fiftieth  of  a grain  each. 
No  explosives  containing  nitro-glycerine,  and  not  intended  for  use 
within  the  city,  shall  be  stored  or  kept  therein  or  landed  at  or  upon 
any  dock,  pier  or  bulkhead  thereof. 

4.  Transportation  or  delivery.  No  person  shall  transport  or  de- 
liver any  explosive  between  sunset  and  sunrise,  nor  in  a completed 
tunnel  or  subway  under  land  or  waters,  or  in  or  upon  any  public 
conveyance,  nor  shall  any  explosive  be  transported  through,  in  or 
upon  any  street,  except  in  the  manner  provided  in  § 64  of  this  chapter. 

5.  Supervision.  No  person  shall  bring  into  the  city,  nor  transport, 
store,  deliver  or  use  any  explosive  therein  unless  same  shall  be  con- 
tinually under  the  care  and  supervision  of  one  or  more  persons, 
each  holding  a certificate  of  fitness. 

6.  Unapproved  kinds,  types  or  brands.  No  permit  shall  be  issued 
for  the  bringing  into  the  city  or  for  the  transportation,  storage,  sale 
or  use  therein,  of  any  explosive  which  is  not  of  a type,  kind  or  brand 
that  has  been  examined,  tested  and  approved  by  the  fire  commis- 
sioner. 

§ 62.  Packing  and  marking. — No  person  shall  sell  or  deliver  for 
use  any  explosive  except  in  original  and  unbroken  packages,  and  when 
packed  as  follows: 

1.  Dynamite  and  other  blasting  compounds  containing  a liquid 
which  may  exude  — in  strong  wooden  cases,  lined  with  a liquid-proof 
paper  lining  sufficient  to  prevent  the  exudation  of  the  liquid.  Such 
cases  shall  be  of  two  sizes  only — to  contain  50  pounds  and  25  pounds 
of  explosives,  respectively; 

2.  Other  blasting  compounds  {except  black  and  smokeless  powder) 
which  do  not  contain  a substance  subject  to  deleterious  influences 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


173 


by  exposure  to  moisture — in  strong  wooden  cases,  of  two  sizes  only — 
to  contain  50  pounds  and  25  pounds  of  explosives,  respectively. 

3.  Sticks  or  cartridges.  All  explosives  put  up  in  the  form  of  sticks 
or  cartridges  shall  be  packed  so  as  to  lie  on  their  sides;  and  when  the 
boxes  are  loaded  in  or  upon  a wagon,  tender,  lighter  or  vessel,  they 
shall  be  so  arranged  that  the  sticks  or  cartridges  rest  on  their 
sides; 

4.  Marking.  All  packages  containing  explosives  for  transporta- 
tion, storage,  sale  or  use  shall  bear  the  name  and  brand  of  the  ex- 
plosive and  the  name  of  the  manufacturer,  and  shall  have  plainly 
marked  on  the  top  and  on  one  end  or  side  thereof  the  words,  “HIGH 
EXPLOSIVES— DANGEROUS;’^  and  shall  also  have  plainly 
marked  on  the  top  thereof  the  words,  “THIS  SIDE  UP.’’ 

§ 63.  Magazines. — 1.  Permit.  No  person  shall  store  or  keep  ex- 
plosives, except  in  a magazine  for  which  a permit  shall  have  been 
issued. 

2.  Special  permit.  A special  permit  shall  be  required  for  the  stor- 
age of  explosives  in  a magazine  of  either  the  first  or  second  class, 
as  classified  in  subdivision  4 of  this  section,  and  the  fire  commissioner 
may  at  any  time  require  the  holder  of  such  special  permit  to  change 
the  location  of  such  magazine,  or  establish  a new  one  in  another 
location. 

3.  Posting  permit.  A copy  of  the  permit  issued  for  any  magazine 
shall  be  conspicuously  displayed  on  the  outside  thereof,  in  a frame 
under  glass. 

4.  Classification.  There  shall  be  five  classes  of  magazines,  namely : 

(a)  1st  class,  to  contain  not  more  than  1,000  pounds  of  explosives 

each; 

(b)  2d  class,  to  contain  not  more  than  500  pounds  of  explosives 

each; 

(c)  3d  class,  to  contain  not  more  than  250  pounds  of  explosives 

each; 

(d)  4th  class,  to  contain  not  more  than  100  pounds  of  explosives 

each; 

(e)  5th  class,  to  contain  not  more  than  25  pounds  of  explosives 

each. 

5.  Construction.  All  magazines,  except  those  of  the  5th  class,  shall 
be  constructed  and  provided  with  such  safeguards  to  life  and  prop- 
erty as  may  be  prescribed  or  approved,  in  writing,  by  the  fire  com- 
missioner. A magazine  of  the  5th  class  shall  consist  of  a wooden  box, 
properly  constructed,  with  an  interior  capacity  not  to  exceed  8 
cubic  feet;  the  framework  shall  be  2 inches  thick,  lined  on  both  sides 
throughout  with  ^/g-inch  tongued  and  grooved  boards;  the  spaces 
between  linings  to  be  packed  with  mineral  wool,  and  the  outside  of 
box  to  be  covered  with  sheet  iron. 

6.  Danger  area.  A danger  area  shall  be  maintained  around  each 
magazine  in  proportion  to  the  quantity  of  explosives  contained 
therein;  and  the  extent  of  such  danger  area  shall  be  stated  in  the 
permit.  The  inagazine  keeper  shall  maintain  such  area  clean  and 
free  from  rubbish,  dead  grass,  shrubbery  and  other  obstructions, 
and  prevent  persons  from  loitering  therein. 

7.  Heating.  In  case  a heating  compartment  is  attached  to  a 
magazine,  the  magazine  keeper,  when  the  heating  apparatus  is  in 


174  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

operation,  shall  so  regulate  it  that  the  temperature  inside  the  mag- 
azine shall  at  no  time  rise  above  80°  F. 

8.  Magazine  keepers.  No  person  holding  a magazine  permit 
shall  store  or  keep  explosives  therein  unless  a person  holding  a cer- 
tificate of  fitness  as  a magazine  keeper  be  continuously  in  charge 
thereof;  provided,  that  a person  holding  a certificate  of  fitness  as  a 
blaster  may  also  act  as  a magazine  keeper  for  a magazine  of  the 
5th  class,  under  a special  permit  of  the  fire  commissioner.  He  shall 
keep  an  accurate  daily  record  of  all  explosives  received  at  or  delivered 
from  the  magazine  under  his  charge,  which  shall  show  in  detail  how 
the  explosives  have  been  used  or  otherwise  disposed  of,  and  shall  at 
all  times  be  open  to  inspection  by  any  inspector  or  member  of  the 
fire  department.  He  shall  first  deliver  from  the  magazine  such  ex- 
plosives as  have  been  longest  therein.  All  magazines  shall  be  kept 
locked,  except  when  being  inspected,  or  when  explosives  are  being 
placed  therein  or  removed  therefrom;  and  the  magazine  keeper 
shall  at  all  times  have  the  key  thereof  in  his  possession.  He  must 
care  for  and  protect  the  magazine  and  its  contents  from  interference 
by  unauthorized  persons.  The  drawers  of  a magazine  shall  not  be 
removed  therefrom,  nor  used  to  carry  explosives  away  from  the 
magazine.  A magazine  keeper  shall  not  be  required  to  perform  any 
duty  that  will  in  any  way  interfere  with  his  duties  as  set  forth  in  this 
article. 

9.  Management.  A magazine  shall  at  all  times  be  kept  clean  and 
dry  and  free  from  grit;  and  before  any  repairs  or  alterations  are 
made  to  any  part  thereof  all  explosives  shall  be  carefully  removed 
to  a place  of  safety  and  the  magazine  thoroughly  washed  out.  All 
tools  and  implements  used  in  making  such  repairs  or  alterations 
shall  be  of  wood,  or  of  copper,  brass  or  other  soft  metal  or  material. 
In  no  case  shall  nails  or  screws  be  driven  into  a magazine  in  making 
repairs  or  alterations,  nor  into  any  material  that  has  once  formed  a 
part  thereof;  and  all  wooden  structural  parts  of  a magazine,  if  dis- 
carded, shall  be  immediately  burned  at  a safe  distance  therefrom. 

10.  Marking  explosives.  Each  contractor  holding  a permit  for 
blasting,  before  placing  explosives  in  a magazine,  shall  require  each 
stick  or  container  of  such  explosives  to  be  plainly  labelled  or  marked 
with  a magazine  number  of  identification,  to  be  furnished  by  the 
fire  commissioner.  No  person,  not  holding  a certificate  of  fitness 
as  a blaster  or  a magazine  keeper,  shall  use  or  have  in  his  possession 
any  explosives  not  marked  with  an  identification  number  as  above 
provided.  All  unmarked  explosives  found  in  the  possession  of  a con- 
tractor or  any  other  person,  except  the  manufacturer  thereof  or  his 
agent,  may  be  confiscated,  seized,  condemned  and  destroyed  by  the 
fire  commissioner. 

11.  Sand-hag  barricade.  The  fire  commissioner  may  require  a 
magazine  to  be  surrounded  by  a sand-bag  barricade  constructed 
as  he  may  deem  necessary  to  public  safety. 

12.  Storage  restrictions.  No  person  shall 

(a)  Place,  keep  or  store  in  a magazine  explosives  in  excess  of 
1,000  pounds,  except  under  a special  permit;  nor  place,  keep  or  store 
in  any  magazine  explosives  or  blasting  supplies  in  excess  of  the 
amount  stated  in  the  permit; 

(b)  Place,  keep  or  store  black  powder,  blasting  powder  or  smoke- 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


175 


less  powder  in  a magazine  containing  any  other  explosive,  or  in  a 
magazine  containing  blasting  caps,  detonators  or  electric  fuses; 

(c)  Place,  keep  or  store  in,  or  bring  within  100  feet  of  a magazine 
of  the  1st,  2d,  3d  or  4th  class  containing  explosives,  or  containing 
black  powder,  blasting  powder  or  smokeless  powder,  any  blasting 
cap,  capped  cartridge,  detonator,  electric  fuse,  or  any  other  article 
or  thing  that  is  likely  to  cause  an  explosion  by  friction,  shock,  heat 
or  otherwise. 

(d)  Cap  a cartridge  within  a radius  of  100  feet  of  a magazine 
(except  magazines  of  the  fifth  class),  nor  cap  more  cartridges  than 
necessary  for  immediate  use. 

§ 64.  Delivery  by  vehicle. — 1.  Permit.  No  person  shall  carry  or 
transport  explosives  through  the  streets  except  in  a wagon  or  in  a 
motor  vehicle,  constructed  and  equipped  in  conformity  with  speci- 
fications approved  by  the  fire  commissioner,  for  which  a permit 
shall  have  been  issued. 

2.  Construction.  Each  such  wagon  shall  have  strong  running 
gear  and  a whoUy  enclosed  wooden  body  mounted  on  suitable  springs. 
The  bed  of  the  wagon  shall  be  of  two  thickness  of  sound  boards,  free 
from  knots,  tongued  and  ^ooved,  not  to  exceed  three  inches  in 
width,  so  laid  as  to  break  joints  and  to  be  blind  nailed,  with  the  top 
surfaces  planed  smooth.  The  only  entrance  to  the  body  of  the  wagon 
shall  be  by  means  of  a door  at  the  rear,  which  shall  be  kept  locked 
except  when  the  wagon  is  being  loaded  or  unloaded. 

3.  Drivers.  Each  such  vehicle  shall  be  continuously  in  charge  of 
two  competent  persons,  each  holding  a certificate  of  fitness  as  a 
handler  of  explosives,  and  no  other  person  shall  be  allowed  in  or 
upon  such  vehicle.  No  person  in  charge  of  a vehicle  containing 
exp)losives  shall  smoke  in  or  upon  such  vehicle;  drive  the  vehicle 
while  intoxicated;  drive  the  vehicle  or  conduct  himself  in  a careless  or 
reckless  manner  during  its  transit  through  the  city;  nor  load  or 
unload  the  vehicle  carelessly,  recklessly  or  while  smoking  or  in- 
toxicated. 

4.  Exploders.  No  person  shall  place  or  carry  in  or  upon  a vehicle, 
containing  e^losives,  any  exploders,  detonators,  blasting  caps,  or 
other  explosive  material,  nor  carry  in  or  upon  such  vehicle  any 
matches,  metal  tool  or  piece  of  metal  or  any  mechanical  device  for 
producing  a spark  or  flame. 

5.  Flag.  Each  such  vehicle  shall  display  upon  an  erect  pole  on  the 
front  end  thereof,  and  at  such  height  that  it  may  be  visible  from  all 
directions,  a red  flag  with  the  word  DANGER  painted,  stamped  or 
sewn  thereon  in  white  letters.  Each  flag  shall  be  at  least  18  inches  by 
30  inches  in  size,  and  the  letters  thereon  shall  be  at  least  12  inches  in 
height. 

6.  Interference  with.  No  person  shall  interfere  with  or  molest  a 
vehicle  containing  explosives,  or  the  horses,  or  the  person  in  charge 
thereof. 

7.  Load  limit.  No  person  shall  carry  or  transport  in  or  upon  such  a 
vehicle  any  explosives  in  excess  of  1,000  pounds. 

8.  Original  packages.  No  person  in  charge  of  a vehicle  carrying 
explosives  shall  deliver  them  except  in  original  and  unbroken  pack- 
ages, nor  at  any  place  other  than  a duly  authorized  magazine  and 
to  the  person  in  charge  thereof. 


176 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


9.  Painted  vermilion.  Each  such  vehicle  shall  be  painted  ver- 
milion, and  shall  have  painted  on  its  sides  and  back,  in  easily  legible 
white  letters  at  least  12  inches  high,  the  word  EXPLOSIVES,  and  in 
smaller  letters  and  figures  the  name  of  the  owner  and  the  number  of 
the  permit. 

10.  Route.  No  vehicle  containing  explosives  shall  be  driven,  for 
more  than  one  city  block,  along  any  street  in  the  city  over  which 
there  is  an  elevated  railroad  or  under  which  there  is  a tunnel  or  sub- 
way for  the  transportation  of  passengers  or  freight,  nor  through  a 
crowded  street.  Each  vehicle  shall  be  drawn  by  a horse  or  horses 
amply  able  to  haul  the  load,  and  no  unnecessary  stops  shall  be  made 
in  transit. 

§65.  Vessels  carrying  explosives. — 1.  Generally.  The  commander, 
owner  or  owners  of  any  vessel  arriving  in  the  port  of  New  York,  and 
having  more  than  28  pounds  of  gunpowder  or  other  explosive  on 
board  shall,  immediately  upon  arrival  and  before  such  vessel  shall 
approach  nearer  than  300  yards  of  the  pier  line  of  the  city,  give  writ- 
ten notice  to  the  fire  commissioner  of  the  fact  that  such  explosives 
are  on  said  vessel.  And  all  vessels,  having  on  board  or  loading 
explosives  exceeding  28  pounds,  shall  cause  to  be  displayed  at  the 
masthead  nearest  the  land,  while  remaining  within  the  city,  a red 
flag  at  least  5 feet  square,  and  no  vessel  shall  lie  at  a pier  after  sunset, 
having  on  board  more  than  28  pounds  of  explosives,  without  a permit 
from  the  commissioner,  said  permit  to  be  issued  for  not  exceeding 
48  hours. 

2.  Powder-boats.  No  person  shall  transport  explosives  upon  the 
water  within  the  city  for  delivery  at  a dock,  pier  or  bulkhead,  or  to  a 
vessel  lying  thereto,  except  in  a lighter,  tender  or  other  vessel,  for 
which  a permit  shall  have  been  issued.  Each  such  vessel  shall,  while 
carrying  explosives,  have  continuously  on  board  thereof  two  com- 
petent persons,  each  holding  a certificate  of  fitness  as  a handler  of 
explosives,  one  of  whom  shall  be  the  commander  of  the  vessel;  and 
no  person  other  than  the  holder  of  a permit  issued  under  § 61  of  this 
chapter  and  the  necessary  crew  shall  be  allowed  in  or  upon  such 
vessel.  Whenever  practicable,  all  explosives  shall  be  stowed  on  deck 
and  properly  covered  with  a tarpaulin. 

3.  Blasting  caps.  No  person  having  charge  of  a vessel  carrying 
explosives  within  the  city  shall  also  carry  in  or  upon  such  vessel,  at 
the  same  time,  any  electric  fuse,  blasting  caps,  detonators,  or  other 
exploders. 

4.  Landing.  No  person  shall  land  or  place  explosives  upon  a 
dock,  pier,  bulkhead,  or  other  landing  place.  Explosives  intended 
for  use  within  the  city  shall  be  transferred  from  the  vessel  making  the 
delivery  directly  to  a vehicle  for  transporting  explosives,  for  which  a 
permit  has  been  issued  under  § 63  of  this  chapter.  Explosives, 
intended  for  shipment  to  points  outside  the  city,  may  be  transferred 
from  a vessel  directly  to  another  vessel  lying  at  a city  dock  or  pier, 
provided  the  amount  so  transferred  does  not  exceed  2,500  pounds. 
All  such  shipments  in  excess  of  2,500  pounds  must  be  transferred  from 
vessel  to  vessel  at  a distance  of  not  less  than  1,000  feet  from  any  pier- 
line. 

5.  Precautions.  No  person  shall  smoke  while  in  or  upon  any  vessel 
carrying  explosives;  nor  carry  therein  or  thereon  any  matches,  other 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


177 


than  safety  matches,  nor  allow  in  or  upon  such  vessel,  any  intox- 
icated person. 

§ 66.  Report  of  deliveries. — Each  holder  of  permit  under  § 63  or 
§ 64  of  this  chapter  shall  file  with  the  fire  commissioner,  before 
10  a.  m.  of  each  business  day,  a written  statement,  under  oath,  of  all 
deliveries  of  explosives  made  by  him  on  the  preceding  day,  which 
shall  contain  the  following  information : 

(a)  Name  and  address  of  person  to  whom  delivered ; 

(b)  Date  of  delivery; 

(c)  Location  of  magazine  where  delivered; 

(d)  Name  of  person  having  charge  of  the  magazine  at  which 
delivery  was  made; 

(e)  Number  of  pounds,  name  or  brand,  and  character  of  explosives 
delivered  at  each  magazine. 

§ 67.  Blasting  caps. — 1.  Permits  to  transport,  store  and  sell.  No 
person  shall  transport,  store  and  sell  any  electric  fuses,  safety  fuses  or 
blasting  caps  without  a permit. 

2.  Storage.  No  person  shall  bring  into,  transport,  store,  sell  or 
deliver  within  the  city  any  blasting  caps,  except  when  packed  in  tin 
boxes  containing  not  more  than  100  caps  each.  Holders  of  permits 
for  the  storage  and  use  of  explosives  issued  in  conformity  with  this 
chapter  shall  be  allowed  to  store  or  keep  not  more  than  500  electric 
fuses  and  500  blasting  caps  without  being  required  to  obtain  a permit 
therefor;  provided  such  fuses  and  blasting  caps  shall  be  kept  in  a 
separate  magazine  at  least  100  feet  distant  from  any  magazine 
containing  explosives. 

3.  Delivery  wagons.  No  person  shall  transport  or  carry  through 
the  streets  any  electric  fuses  or  blasting  caps  in  excess  of  2,500  each, 
and  except  it  be  in  a duly  authorized  wagon,  which  shall  comply  with 
all  the  requirements  governing  wagons  for  the  transportation  of 
explosives.  No  person  shall  place  or  carry  or  cause  to  be  placed 
or  carried,  in  or  upon  any  wagon  containing  electric  fuses  or  blasting 
caps,  any  other  explosive. 

4.  Magazines.  All  magazines  for  which  permits  are  issued  for  the 
storage  of  electric  fuses  and  blasting  caps  shall  be  deemed  to  be 
magazines  of  the  first  class,  and  shall  comply  with  all  the  require- 
ments governing  magazines  of  the  first  class.  Such  magazines  shall 
not  be  permitted  to  contain  more  than  10,000  electric  fuses  and 
10,000  blasting  caps  each;  and  they  shall  be  continuously  under  the 
care  of  a person  holding  a certificate  of  fitness  as  a magazine  keeper. 

5.  Packing.  No  person  shall  bring  into,  store,  sell  or  transport 
within  the  city  electric  fuses,  except  in  cartons  containing  not  more 
than  50  fuses  each;  and  when  packed  in  shipping  cases  such  cases 
shall  contain  not  more  than  500  fuses.  No  person  shall  sell  and 
deliver  for  use  any  electric  fuses,  except  in  original  and  unbroken 
cartons  containing  not  more  than  50  fuses  each. 

6.  Warning.  Each  shipping  case  or  package  containing  electric 
fuses  or  blasting  caps  shall  bear  on  one  side  thereof  the  name  and 
address  of  the  manufacturer,  and  shall  have  plainly  marked  on  two 
sides  thereof  the  words  BLASTING  CAPS— HANDLE  CARE- 
FULLY, DO  NOT  STORE  OR  LOAD  WITH  ANY  EXPLOSIVE. 

§ 68.  Black  powder,  blasting  powder  or  smokeless  powder. — 1.  Per- 
mit. No  person  shall  transport,  store  or  sell  any  black  powder, 
12 


178  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

blasting  powder  or  smokeless  powder,  in  quantities  exceeding  2 
pounds,  without  a permit. 

2.  Magazines.  A magazine  permit  for  the  storage  of  any  such 
powder  in  quantities  aggregating  not  more  than  250  pounds  may  be 
issued,  but  no  such  permit  shall  b^e  issued  unless  the  fire  commissioner 
shall  have  approved  its  location  and  construction.  All  such  maga- 
zines shall  be  maintained  in  conformity  with  the  requirements  of  this 
chapter  concerning  magazines  for  the  storage  of  explosives. 

3.  Outside  exposure.  No  person  shall  expose  any  such  powder  on 
the  outside  of  any  building  or  in  any  window  or  door  thereof. 

4.  Packing.  All  such  powder  stored  in  magazines  or  when  trans- 
ported within  the  city  shall  be  packed  in  strong  wooden,  fiber  or 
metallic  cans  or  canisters,  containing  not  more  than  25  pounds  each. 

5.  Small  supplies.  A permit  may  be  issued  for  the  storage  of  any 
such  powder  in  quantities  aggregating  not  more  than  14  pounds, 
provided  it  be  stored  in  a receptacle  so  placed  that  it  can  be  flooded 
from  the  exterior  of  the  building,  or  in  a metal  receptacle,  properly 
locked  and  on  wheels,  plainly  marked  “Gunpowder,^^  and  located  not 
more  than  10  feet  from  and  directly  opposite  the  entrance  nearest  the 
street  level. 

6.  Restrictions.  No  permit  shall  be  issued  for  the  storage  and  sale 
of  black  powder,  blasting  powder  or  smokeless  powder  in  any  build- 
ing 

(a)  Which  is  occupied  as  a tenement  house,  dwelling,  school  or 
theatre  or  other  place  of  public  amusement  or  assembly; 

(b)  Which  is  of  wooden  construction  (except  authorized  maga- 
zines) ; 

(c)  Where  the  premises  covered  by  the  permit  are  lighted  by  any 
means  other  than  electricity; 

(d)  Where  cigars,  cigarettes  or  tobaccos  are  kept  for  sale; 

(e)  Where  paints,  varnishes  or  lacquers  are  manufactured,  stored 
or  kept  for  sale; 

(f)  Where  matches,  rosin,  turpentine,  petroleum,  or  any  liquid 
product  thereof,  hemp,  cotton,  fireworks,  or  other  articles  of  a highly 
inflammable  or  combustible  nature  are  manufactured,  stored  or  kept 
for  sale. 

§ 69.  Use;  blasting. — 1.  Quantity  of  explosive.  No  person  shall  use 
in  a blasting  operation  a quantity  of  explosives  greater  than  necessary 
properly  to  start  the  rock;  but  the  inspector  of  blasting  shall  have 
authority  to  prescribe  the  maximum  quantity  of  explosives  to  be 
used. 

2.  Covering  blasts.  Immediately  after  loading  and  tamping  the 
hole,  and  before  firing  the  blast,  the  rock  to  be  blasted  shall  be 
covered  on  all  exposed  sides  with  a strong  woven  matting  of  rope  or 
wire  at  least  l}/2  inches  in  diameter.  The  matting  shall  then  be 
covered  with  at  least  12  timbers,  each  10  feet  long  and  10  inches  in 
smallest  diameter,  held  securely  together  by  chains  or  by  iron  or 
steel  cables  at  least  ^ of  an  inch  in  diameter.  After  the  rock  has 
been  thus  covered,  the  blast  shall  be  fired  without  unnecessary 
delay.  The  inspector  of  blasting  shall  have  authority  to  prescribe 
the  amount  and  manner  of  application  of  the  protective  covering  to 
be  placed  over  blasts  situated  on  the  perpendicular  or  diagonal  side 
of  a rock,  and  over  blasts  for  ditch  work,  block  holes,  manholes. 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


179 


polcholes,  electric  wire  subways,  sewer  and  gas  connections,  gas  and 
water  mains.  The  provisions  of  this  subdivision  shall  not  apply  to 
blasting  operations  in  a tunnel  or  subway  when  the  blast  is  situated 
more  than  100  feet  from  the  mouth  or  opening  to  the  tunnel  and  at 
least  10  feet  from  the  outer  surface  of  the  rock. 

3.  Firing.  Except  when  blasting  in  a tunnel  or  subway,  the  roof 
of  which  is  at  least  10  feet  below  the  surface  of  the  ground,  no  person 
shall  explode  a blasting  charge  by  means  of  time,  slow-burning  or 
safety  fuse,  or  by  any  means  other  than  some  form  of  electrical 
apparatus.  No  person  shall  use  more  than  one  electric  fuse  in  firing 
a blasting  hole,  except  when  loaded  in  separate  charges.  Three 
minutes’  notice  before  firing  the  blasts  shall  be  given  by  displaying  a 
red  flag  on  a staff  not  less  than  10  feet  high,  set  in  a conspicuous 
place  within  25  feet  of  the  point  where  the  charge  is  placed,  and  also 
by  caUing  out  the  words  “A  blast”  several  times  repeated  and  loud 
enough  to  be  distinctly  heard  at  a distance  of  200  feet  from  the 
point  of  discharge,  and  shall  notify  the  occupants  of  all  houses  within 
300  feet  of  the  place  of  blasting,  on  the  morning  of  each  day  upon 
which  blasting  shall  be  done. 

4.  Hours.  No  person  shall  conduct  blasting  operations  within  the 
city  between  the  hours  of  7 o’clock  p.  m.  and  7 o’clock  a.  m.,  nor  at 
any  time  on  Sunday,  except  under  authority  of  a special  permit. 

5.  Shoring.  The  blasting  of  rock  contiguous  to  any  structure  shall 
be  so  conducted  as  not  to  cause  damage  thereto;  and,  to  this  end, 
weak  walls  or  other  supports  shall  be  shored  up,  and  rotten  or  decom- 
posed rock  shall  be  removed,  only  by  the  use  of  gads,  picks  or  crow- 
bars. When  blasting  in  the  vicinity  of  a weak  structure  is  unavoid- 
able, only  light  face  blasts,  with  short  lines  of  resistance  and  small 
charges,  shall  be  used. 

6.  Tamping.  Blasting  charges  shall  be  tamped  only  by  means  of 
wooden  tampers  and  by  the  application  of  direct  pressure.  Tamping 
by  strokes  or  blows,  or  with  a rod  or  stick  the  end  of  which  is  any  way 
frayed  or  split,  is  forbidden. 

7.  Unexploded  charge.  Immediately  after  firing  a blast,  the 
blaster  shall  cause  all  debris  to  be  removed,  and  shall  thoroughly 
examine  the  rock  to  ascertain  whether  there  remains  any  unex- 
ploded charge.  In  case  a charge  should  fail  to  explode,  the  tamping 
shall  not  be  removed,  but  the  old  charge  shall  be  exploded  by  drilling 
a single  hole  at  least  12  inches  away,  which  last  hole  shall  then  be 
loaded  and  fired  in  the  manner  prescribed  in  these  regulations. 
When  a blast  fails  to  carry  away  the  entire  drill-hole,  but  leaves  the 
lower  part  intact,  no  further  drilling  shall  be  done  in  that  hole. 

ARTICLE  5 

AMMUNITION 

Sec.  80.  Manufacturing;  loading. 

§ 81.  Storage  and  sale. 

Sec.  80.  Manufacturing;  loading. — No  person  shall  manufacture, 
or  load  ammunition  by  power  machinery.  A special  permit  may  be 
issued  to  a person  holding  a permit  for  the  storage  and  sale  of  ammu- 
nition, authorizing  the  load  of  small  arms  ammunition  by  hand. 


180 


CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 


§ 81.  Storage  and  sale. — 1.  Permit.  No  person  shall  store,  sell  or 
offer  for  sale  any  ammunition  without  a permit. 

2.  Blanks  for  artillery.  Holders  of  permits  issued  under  this  section 
may  store  a hmited  humber  of  blank  shells  or  cartridges  to  be  used 
in  cannon  for  saluting  purposes;  the  number  to  be  so  stored  shall  be 
fixed  by  the  fire  commissioner  in  each  case,  and  shall  be  stated  in  the 
permit. 

3.  Quantities.  The  fire  commissioner  may  fix  the  maximum 
quantity  of  ammunition  to  be  stored  in  any  premises  for  which  a 
permit  is  apphed,  and  the  quantity  so  fixed  shall  be  stated  in  the 
permit;  but  no  permit  shall  be  issued  for  the  storage  of  ammunition 
in  quantities  greater  than  the  following: 

300.000  loaded  shells  containing  shot,  for  shotguns  not  exceeding 
No.  8 gauge; 

2.500.000  cartridges  for  pistols; 

500.000  cartridges  for  rifles  of  a cahber  not  larger  than  .45  of  an 
inch; 

10.000  cartridges  for  rifles  of  a caliber  not  larger  than  .50  of  an  inch; 

5.000  cartridges  for  rifles  of  a caliber  between  .50  of  an  inch  and 
.58  of  an  inch; 

5,000  blank  cartridges  of  a caliber  not  larger  than  .45  of  an  inch; 

3.000. 000  primers  for  central  fire  ammunition; 

6.000. 000  percussion  caps,  or  primers,  without  anvils. 

4.  Restrictions.  No  ammimition  shall  be  stored  or  sold  in  any 
premises 

(a)  Which  are  occupied  as  a tenement  house,  school,  theatre  or 
other  place  of  public  amusement  or  assembly,  excepting  armories 
of  the  National  Guard; 

(b)  Which  are  used  as  a drug  store,  paint  store,  pawn  shop,  or 
stationery  store. 

(c)  Which  are  artificially  lighted  by  any  means  other  than  elec- 
tricity, except  in  sparsely  settled  districts  where  ..here  is  no  electric 
service; 

(d)  Where  cigars,  cigarettes,  or  tobaccos  are  stored  or  kept  for 
sale; 

(e)  Where  liquors  are  sold; 

(f)  Where  other  materials  of  a highly  inflammable  nature  are 
manufactured,  stored  or  kept  for  sale,  but  this  restriction  shall  not 
apply  to  a person  duly  authorized  to  keep  and  sell  gun-powder; 

(g)  Where  fireworks  are  manufactured,  stored  or  sold. 

5.  Theatrical  use.  No  permit  shall  be  issued  for  the  use  of  blank 
cartridges,  except  in  connection  with  performances  in  duly  author- 
ized theatres  or  places  of  public  amusement,  or  for  saluting  purposes, 
as  provided  in  subdivision  2 of  this  section. 

6.  Window  displays.  No  holder  of  a permit  for  the  storage  and 
sale  of  ammunition  shall  store  or  exhibit  in  the  windows  or  doors 
of  the  premises  covered  by  the  permit  any  cartridges  or  shells  con- 
taining explosives. 

ARTICLE  6 

FIREWORKS 

Sec.  90.  Manufacture. 

§ 91.  Signal  lights, 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


181 


§ 02.  Storage,  sale  and  transportation. 

§ 93.  Prohibited  types. 

§ 94.  Prohibited,  except  for  export. 

§ 95.  Discharge  of  fireworks. 

§ 90.  Manufacture. — 1.  Permit.  No  person  shall  manufacture 
any  fireworks  in  the  city  without  a permit. 

2.  Conditions.  Such  a permit  may  be  issued  upon  the  following 
conditions: 

(a)  The  manufactory  shall  not  be  situated  nearer  than  200  feet 
to  any  building  not  used  in  connection  with  such  manufacture,  or 
to  any  street,  and  not  nearer  than  50  feet  to  any  building  used  for 
the  storage  of  explosives  or  fireworks,  nor  nearer  than  25  feet  to  any 
other  building  within  the  factory  enclosure; 

(b)  Premises  where  fireworks  are  manufactured  shall  be  enclosed 
on  all  sides  by  a substantial  fence,  and  all  openings  to  such  en- 
closure shall  be  fitted  with  suitable  gates,  which,  when  not  locked, 
shall  be  in  charge  of  a competent  watchman,  who  shall  have  charge 
of  the  manufactory  when  it  is  not  in  active  operation; 

(c)  Premises  where  fireworks  are  manufactured  shall  have  at 
least  3 fire  hydrants  placed  in  different  parts  of  the  enclosure,  con- 
nected to  an  adequate  supply  of  water  under  pressure,  the  hose 
to  be  sufficient  to  reach  all  parts  of  the  buildings  within  the  en- 
closure, and  there  shall  at  all  times  be  kept,  within  a distance  of  5 
feet  of  each  building  inside  such  enclosure,  at  least  6 5-gallon  buckets, 
full  of  water,  and  at  least  6 5-gallon  buckets  full  of  sand; 

(d)  The  manufactory  shall  at  all  times  be  supplied  with  adequate 
means  of  communication  with  the  fire  department,  such  as  a tele- 
phone or  fire  alarm  boxes,  and  shall  be  lighted  only  by  incandescent 
electric  lights; 

(e)  A building  used  for  the  storage  of  explosives  or  for  the  storage 
of  finished  fireworks  shall  not  be  situated  nearer  than  300  feet  to  any 
building  not  used  in  connection  with  the  manufacture  of  fireworks, 
or  to  any  street; 

3.  Packing.  Torpedoes  must  be  packed  with  sawdust  in  paper 
cartons,  and  these  packed  in  wooden  shipping  cases;  but  no  shipping 
case  shall  contain  more  than  1,000  torpedoes.  Fireworks  having- 
fuses  attached  or  inserted  shall  be  packed  in  such  manner  that  the 
fuses  shall  all  point  in  the  same  direction,  and  the  label  shall  be 
attached  to  the  end  of  the  package  opposite  the  fuse. 

4.  Restrictions.  No  person  shall  manufacture  within  the  city  of 
New  York  any  of  the  following  ai tides: 

(a)  Fireworks  containing  chlorates  (except  chlorate  of  potash 
and  chlorate  of  barium),  picrates,  fulminates  or  any  high  explosive; 

(b)  Fireworks  containing  chlorate  and  sulphur  in  admixture; 

(c)  Railroad  track  torpedoes; 

(d)  Flashlight  compositions; 

(e)  Picrates  or  fulminates; 

(f)  Fireworks  whistles; 

(g)  Explosive  marbles; 

(h)  Blank  cartridges; 

(i)  Fireworks  with  match-head  or  self-lighting  ends,  except  ship 
signals; 


182  CODE  OF  OKDINANCE8  OF  THE  CITY  OF  NEW  YORK 

(j)  Fireworks  containing  red  or  white  phosphorus; 

(k)  Compounds  used  for  detonating  purposes;  primers,  or  electrical 
fuses,  or  any  composition  used  to  obtain  audible  or  visible  effects 
by  combustion,  explosion  or  detonation  in  cannon,  machine  or 
rapid-fire  guns;  shells,  torpedoes  or  war  rockets. 

5.  Supervision.  All  premises  where  fireworks  are  manufactured 
shall,  while  in  operation,  be  continuously  under  the  charge  and 
supervision  of  one  or  more  persons,  each  holding  a certificate  of 
fitness  as  a superintendent  or  manager  of  a fireworks  factory. 

§ 91.  Signal  lights. — The  manufacture  of  railroad  and  ship  signal 
lights,  signal  compositions,  and  rockets  shall  be  governed  by  the 
same  regulations  as  govern  the  manufacture  of  fireworks. 

§92.  S tor  age  j sale  and  transportation. — 1.  Certificate  of  registra- 
tion. No  person  shall  transport,  store  or  sell  fireworks  unless  a 
certificate  of  registration  of  the  name  of  the  manufacturer  thereof 
shall  have  been  issued;  provided,  however,  that  certificates  of  regis- 
tration shall  not  be  required  for  fireworks  manufactured  under  a 
permit  issued  in  conformity  with  § 60  of  this  article. 

2.  Permit.  Nopersonshallstoreor  sell  fireworks  without  a permit. 

3.  Restrictions.  No  permit  under  this  section  shall  be  issued  for 
any  premises 

(a)  Which  are  occupied  as  a tenement  house,  school,  workshop, 
factory,  theatre  or  other  place  of  public  amusement  or  assembly; 

(b)  Which  are  not  equipped  with  an  approved  system  of  automatic 
sprinklers; 

(c)  Which  are  of  wooden  construction; 

(d)  Which  are  artificially  lighted  by  any  means  other  than  elec- 
tricity; 

(e)  Where  cigars,  cigarettes  or  tobaccos  are  kept  for  sale: 

(f)  Where  paints,  oils,  varnishes,  lacquers  or  inflammable  liquids 
are  manufactured,  stored  or  kept  for  sale; 

(g)  Where  drygoods  or  other  materials  of  a highly  inflammable 
nature  are  manufactured,  stored  or  sold; 

(h)  Where  matches,  rosin,  turpentine,  petroleum  or  any  liquid 
product  thereof,  hemp,  or  explosives  are  manufactured,  stored  or 
kept  for  sale. 

4.  Extinguishers.  All  holders  of  permits  under  this  section  shall 
keep  on  the  premises  covered  by  the  permit,  in  a convenient  location, 
at  least  6 5-gallon  buckets  of  water  and  6 5-gallon  buckets  of  sand, 
fit  and  ready  for  use  in  case  of  fire. 

5.  Firecrackers.  A permit  may  be  issued  to  a person  doing  a 
general  storage  or  warehouse  business  for  the  storage,  in  a duly 
authorized  warehouse,  of  firecrackers  composed  only  of  sulphur, 
saltpeter  and  charcoal  mixtures,  and  the  quantity  of  firecrackers  to 
be  so  stored  shall  in  each  case  be  stated  in  the  permit. 

6.  Local  transportation.  No  person  shall  carry  or  transport  through 
the  streets  fireworks  exceeding  in  wholesale  market  value  the  sum  of 
$10,  unless  they  are  securely  packed  in  spark-proof  wooden  or  metal 
packages  having  plainty  marked  on  the  outside  thereof  in  large 
legible  letters  the  words  FIREWORKS — EXPLOSIVE,  but  under 
no  circumstances  shall  any  person  carry  or  transport  fireworks  in  a 
tunnel  or  subway  under  the  streets,  lands  or  waters  of  the  city,  to 
which  the  public  has  access. 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


183 


7.  Manufacturer’ s mark.  All  fireworks  stored  or  sold,  except 
imported  Chinese  firecrackers,  shall  bear  the  name  of  the  manufac- 
turer plainly  marked  upon  the  outside  of  each  package  and  shipping 
case. 

8.  Quantities  limited.  No  permit  shall  be  issued  for  the  storage 
and  sale  of  fireworks  in  any  building  to  an  amount  in  excess  of 
$1,500,  wholesale  market  value. 

9.  Street  sales.  No  person  shall  sell  or  exhibit  for  sale  any  fire- 
works on  sidewalks,  streets,  parks,  squares,  bulkheads,  piers  or  other 
public  places. 

10.  Window  displays.  No  person  shall  keep,  store  or  exhibit  fire- 
works in  the  windows  or  doors  of  the  premises  covered  by  a permit 
for  the  storage  and  sale  thereof. 

§ 93.  Prohibited  types. — 1.  Storage,  transportation  or  sale.  No  per- 
son shall  store,  transport  or  sell  within  The  City  of  New  York  any  of 
the  following  articles. 

(a)  Fireworks  containing  chlorates  (except  chlorate  of  potash 
and  chlorate  of  barium),  picrates,  fulminates  or  any  high  ex- 
plosive; 

(b)  Fireworks  containing  sulphur  and  chlorate  in  admixture; 

(c)  Bombardments  or  mandarins  made  of  chlorate  mixtures; 

(d)  Canes  with  chlorate  mixtures; 

(e)  Cartridge  exploders; 

(f)  Fireworks  known  as  cannon  salutes; 

(g)  Fireworks  with  match-head  or  self-lighting  ends,  except  ship 
signals; 

(h)  Fireworks  containing  red  or  white  phosphorus ; 

(i)  Explosive  marbles; 

(j)  Compositions  used  for  detonating  purposes. 

2.  Discharge  or  use.  No  person  shall  use  or  discharge  any  of  the 
following  articles: 

(a)  Rockets  or  aerial  salutes  of  any  kind; 

(b)  Fireworks  containing  chlorates  (except  chlorate  of  potash  and 
chlorate  of  barium),  picrates,  fulminates  or  any  high  explosive; 

(c)  Firecrackers  longer  than  five  inches  or  larger  than  three- 
fourths  of  an  inch  in  diameter; 

(d)  Fireworks  containing  sulphur  and  chlorate  in  admixture; 

(e)  Bombardments  or  mandarins  made  of  chlorate  mixtures; 

(f)  Bombs  and  shells; 

(g)  All  fireworks  known  as  cannon  salutes; 

(h)  Fireworks  technically  known  as  flying  pigeons,  flying  devils, 
whirlwinds,  wheat  sheaves  and  gatling  batteries; 

(i)  Fireworks  containing  red  or  white  phosphorus; 

(j ) Fireworks  with  match  heads  or  self-lighting  ends ; 

(k)  Balloons  carrying  a lighted  substance; 

(l)  Cartridges  of  any  kind,  except  as  provided  in  Article  V ; 

(m)  Explosive  marbles; 

(n)  Compositions  used  for  detonating  purposes,  except  as  provided 
for  in  Article  IV. 

§ 94.  Prohibited,  except  for  export. — No  person  shall  store,  sell  or 
transport,  except  for  delivery  beyond  the  city  limits,  any  of  the 
following  articles: 

(a)  Rockets  or  aerial  salutes; 


184 


CODE  OF  OBDINANCES  OP  THE  CITY  OF  NEW  lORK 


(b)  Firecrackers  longer  than  5 inches  or  larger  than  % of  an  inch 
in  diameter; 

(c)  Bombs  and  shells; 

(d)  Fireworks  technically  known  as  flying  pigeons,  flying  devils, 
whirlwinds,  wheat  sheaves,  gatling  batteries,  and  similar  articles; 

(e)  Fireworks  containing  red  or  white  phosphorus; 

(f)  Balloons  which  are  to  be  operated  by  a lighted  substance. 

§ 95.  Discharge  of  fireworks. — 1.  Permit.  No  person  shall  use  or 

discharge  any  fireworks  within  the  city  without  a permit. 

2.  July  4th  exemption.  No  permit  shall  be  required  for  the  use  and 
discharge  of  fireworks  during  a period  of  24  hours  covering  the 
holiday  known  as  the  “Fourth  of  July,’^  where  the  quantity  dis- 
charged does  not  exceed  in  wholesale  market  value  the  sum  of  $2. 

3.  Police  notification.  All  permits  for  the  use  and  discharge  of 
fireworks  shall  be  issued  in  duplicate,  and  shall  show  the  name  of 
the  holder  of  the  permit,  the  names  of  his  employees  (if  any)  who  are 
to  discharge  the  fireworks  and  the  numbers  of  their  certificates  of 
fitness  (when  required);  the  place  and  time  of  display;  the  quantity, 
kind  and  wholesale  market  value  of  the  fireworks  to  be  discharged, 
and  the  distance  to  be  preserved  between  the  place  of  discharge  and 
the  bystanders  and  nearby  buildings.  One  of  the  duplicate  permits 
shall  be  filed  with  the  commanding  officer  of  the  police  precinct 
within  which  the  display  is  to  be  given,  and  shall  be  evidence  of  the 
right  of  the  person  named  therein  to  give  the  display. 

4.  Postponement  of  display.  In  case  it  shall  be  impracticable  to 
make  the  display  at  the  time  authorized  in  the  permit,  the  fire  com- 
missioner may  authorize  such  display  at  another  time,  by  certifica- 
tion on  the  permit,  and  without  exacting  another  fee  therefor. 

5.  Restrictions.  No  person  shall  discharge  fireworks: 

(a)  In  or  upon  any  street  which  is  less  than  80  feet  in  width  between 
the  building  lines; 

(b)  Within  a radius  of  1,000  feet  of  any  hospital. 

6.  Displays  inside  theatres  and  other  buildings.  No  person  shall 
display  any  fireworks,  flashlights,  colored  fire,  or  open  lights,  upon 
the  stage  of  any  theatre  or  other  place  of  public  amusement  or  assem- 
bly. 

7.  Supervision.  No  person  shall  use  or  discharge  fireworks  exceed- 
ing in  w^holesale  market  value  the  sum  of  $1 0 without  having  obtained 
from  the  fire  commissioner  a certificate  of  fitness  as  a pyrotechnist. 

Former  § 531  of  the  C.  O.  is  now  replaced  by  regulations  in  this  chapter.  Special 
ordinances  permitting  use  of  fireworks  on  special  occasions  are  invalid.  Landau  v. 
City  of  N.  Y.,  180  N.  Y.  48.  Liability  of  city  for  injuries  discussed.  Melker  v.  City 
of  N.  Y.,  190  N.  Y.  481.  When  city  is  liable  for  explosion.  De  Agramonti  v.  City 
of  Mt.  Vernon,  112  App.  Div.  291;  City  N.  Y.  v.  Hearst,  142  App.  Div.  343. 

When  permit  to  discharge  fireworks  may  be  a nuisance.  Tripler  v.  Mayor,  139 
N.  Y.  1;  Speir  v.  City  of  Brooklyn,  139  N.  Y.  6. 


ARTICLE  7 

MATCHES 

Sec.  100.  Manufacture. 

§ 101.  Transportation,  storage  and  sale. 
§ 102.  Approved  matches. 

§ 103.  White  phosphorus. 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


185 


Sec.  100.  Manufacture. — 1.  Permit  required.  No  person  shall 
manufacture  any  matches  without  a permit. 

2.  Conditions.  No  such  permit  shall  be  issued  unless  the  manufac- 
turing is  to  be  carried  on  in  a building  used  exclusively  for  that 
purpose,  the  walls  of  which  are  constructed  of  brick,  stone  or  other 
fire  resisting  material,  and  artifically  lighted  by  any  means  other  than 
electricity. 

§ 101.  Transportation j storage  and  sale. — 1.  Permit  required.  No 
person  shall  transport,  store  or  sell  matches  without  a permit;  but 
no  such  permit  shall  be  required  of  a person  holding  a permit  to 
manufacture  matches;  nor  for  the  storage  and  sale  in  quantities 
aggregating,  at  any  time,  not  more  than  60  matchman’s  gross  (14,400 
matches  each  gross) . 

2.  Restrictions.  No  permit  shall  be  issued  for  the  storage  or  sale  of 
matches  within  the  city  in  quantities  aggregating  more  than  60 
matchman^s  gross  for  any  premises — 

(a)  Which  are  occupied  as  a tenement  house,  dwelling,  school, 
workshop,  factory,  theatre  or  other  place  of  public  amusement  or 
assembly; 

(b)  Which  are  of  wooden  construction; 

(c)  Where  paints,  oils,  varnishes,  lacquers,  rosin,  turpentine, 
petroleum  or  any  liquid  product  thereof,  hemp,  cotton,  guncotton, 
smokeless  powder,  black  powder,  blasting  powder,  fireworks,  or 
any  other  explosives  are  manufactured,  stored  or  kept  for  sale; 

(d)  Which  are  not  provided  with  such  number  of  fire  extin- 
guishers and  pails  of  water  as  may  be  required  by  the  fire  commis- 
sioner. 

§ 102.  Approved  matches. — 1.  Certificate  of  approval.  No  person 
shall  transport,  store  or  sell  any  matches  for  which  a certificate  of 
approval  shall  not  have  been  issued.  The  applicant  for  such  certifi- 
cate shall  deposit  with  the  fire  commissioner  a sample  of  the  matches 
for  which  approval  is  requested,  packed  in  the  labeled  boxes  or 
containers  in  which  such  matches  are  to  be  sold,  and  no  such  ap- 
plication shall  include  more  than  one  kind  or  type  of  match. 

2.  Fuzees,  wind  matches,  afterglow.  No  certificate  of  approval 
shall  be  issued  for  any  match  of  the  type  or  kind  commonly  known 
as  ^Tuzees’^  or  wind  matches,^^  or  for  a match  the  stick  of  which 
has  not  been  treated  to  a process  of  impregnation  for  the  purpose 
of  preventing  an  afterglow. 

3.  Mark.  No  person  shall  store,  transport  or  sell  matches  unless 
the  box  or  container  in  which  they  are  packed  bears  plainly  marked 
on  the  outside  thereof  the  name  of  the  manufacturer,  the  number  of 
the  certificate  of  approval,  and  the  words  ^‘Approved  Match, 

No No  person  shall  place  in  a box  or  container  marked  as 

prescribed  in  this  subdivision,  any  matches  for  which  a certificate 
of  approval  shall  not  have  been  issued. 

4.  Packing.  Not  more  than  1,000  matches  shall  be  placed  in  a 
single  box  or  container;  and  where  more  than  200  matches  are 
placed  in  a single  box  or  container  they  shall  be  arranged  in  layers, 
with  the  heads  of  alternate  layers  pointing  in  the  opposite  direction 
to  the  heads  of  the  matches  in  the  layer  immediately  above  and  be- 
low. 

5.  Serial  number.  A certificate  of  approval  of  a kind  or  type  of 


186 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


match  shall  bear  a serial  number,  and  the  name,  brand  or  trade- 
mark under  which  the  match  is  sold.  The  number  thus  given  to 
a type  or  kind  of  match  shall  continue  to  be  used  during  the  hfe  of 
such  certificate. 

§ 103.  White  phosphorus, — No  person  shall  manufacture,  trans- 
port, store  or  sell  any  matches  in  the  manufacture  of  which  white 
phosphorus  is  an  ingredient. 


ARTICLE  8 

MINERAL  OILS 

Sec.  110.  Refining,  distilhng  or  manufacturing. 

§ 111.  Storage  plants. 

§ 112.  Limited  storage. 

§ 113.  Transportation  and  dehvery. 

§ 114.  Volatile  inflammable  oils. 

§ 115.  Illuminating  oils. 

§ 116.  Lubricating  oils. 

§ 117.  Fire  prevention. 

Sec.  110.  Refining^  distilling  or  manufacUiring. — No  person  shall 
manufacture,  refine  or  distill  petroleum,  shale  oil  or  coal  tar,  or  the 
liquid  products  of  any  thereof,  except  under  authority  of  a special 
permit;  but  no  permit  shall  hereafter  be  issued  for  the  erection  and 
operation  of  any  new  plant  of  a similar  character,  except  that  hydro- 
carbon materials  collected  from  oil  separators  may  be  distilled  or 
refined  under  a special  permit. 

§ 111.  Storage  plants. — 1.  Permit  required.  No  person  shall  main- 
tain or  conduct  a plant  for  the  storage  of  petroleum  or  shale  oil,  or 
the  Hquid  products  thereof,  or  of  coal  tar  without  a permit. 

2.  Barges.  A special  permit  may  be  issued  authorizing  the  storage 
of  petroleum  and  shale  oil,  and  the  liquid  products  thereof,  and  of 
coal  tar,  in  barges  of  steel  or  other  approved  construction,  in  quan- 
tities not  to  exceed  the  following: 

(a)  Volatile  inflammable  oils — If  in  barrels  or  drums,  500  barrels 
of  55  gallons  each;  if  in  cans,  5,000  gallons; 

(b)  Other  oils — If  in  barrels  or  drums,  1,000  barrels  of  55  gallons 
each;  if  in  cans,  10,000  gallons; 

3.  Boat  supplies.  Wherever  the  physical  conditions  along  the 
shore  front  are  such  as  to  make  it  impracticable  to  place  under- 
ground a storage  tank  for  the  storage  of  volatile  inflammable  oils, 
to  be  dehvered  to  launches  and  other  vessels  for  generating  motive 
power,  a special  permit  may  be  issued  authorizing  the  storage  of 
such  oils  in  a tank  above  ground  in  a quantity  not  to  exceed  10,000 
gallons;  provided  that  such  oils  shall  be  conveyed  from  the  storage 
tank  to  the  tanks  of  vessels  directly  by  a pipe  hne,  and  not  otherwise. 

4.  Drums  or  barrels.  A special  permit  may  be  issued  authorizing 
the  storage  of  volatile  inflammable  oils  in  steel  drums  or  barrels 
in  a specially  constructed  pit  of  concrete,  the  bottom  of  which  shall 
be  at  least  3 feet  below  the  ground  level.  The  quantity  of  such  oils 
so  stored  shall  not  exceed  500  barrels  of  55  gallons  each. 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


187 


5.  Tanks.  All  storage  tanks,  comprising  or  forming  a part  of  an 
oil  storage  plant  shall  be  placed  underground  and  embedded  in  soft 
earth,  so  that  the  tops  thereof  shall  be  at  least  2 feet  below  the  grade 
level;  provided,  however,  that,  by  special  permit,  the  storage  of 
oils  in  tanks  above  ground  may  be  authorized,  where  the  physical 
conditions  make  it  impracticable  to  place  the  tanks  underground. 
By  special  permit,  the  storage  of  volatile  inflammable  oils  in  storage 
tanks  above  ground  may  be  authorized,  provided  such  tanks  are 
of  approved  t3^e  and  construction  and  are  surrounded  by  a wall  of 
concrete,  forming  an  inclosure  capable  of  holding  the  entire  contents 
of  the  tanks,  and  provided  that  the  quantity  of  volatile  inflammable 
oil  to  be  stored  shall  not  exceed  50,000  gallons.  To  facilitate  the 
filling  of  tank  wagons,  there  may  be  installed  in  a storage  plant  not 
more  than  4 tanks,  elevated  on  brick,  concrete  or  steel  piers,  having 
an  aggregate  capacity  of  not  more  than  10,000  gallons.  All  oils 
stored  in  the  tanks  provided  for  in  this  section  shall  be  returned  to 
the  storage  tanks  under^ound  at  the  close  of  each  day.  The  tanks 
authorized  in  this  subdivision  shall  not  be  used  for  the  storage  of 
volatile  inflammable  oils. 

6.  Quantities.  Except  as  otherwise  provided  in  this  chapter,  no 
person  shall  store  or  keep  in  a storage  plant  petroleum  or  shale  oil, 
or  the  liquid  products  thereof  or  of  coal  tar,  in  quantities  in  excess, 
of  the  following: 

(a)  Volatile  inflammable  oils — If  in  tanks,  50,000  gallons;  if  in 
barrels  or  drums,  250  barrels  of  55  gallons  each;  if  in  cans,  2,000 
gallons; 

(b)  Other  oils  that  do  not  emit  an  inflammable  vapor  below  100° 
F.: — If  in  tanks,  100,000  gallons;  if  in  barrels  or  drums,  500  barrels 
of  55  gallons  each;  if  in  cans,  10,000  gallons. 

7.  Sewer  protection.  No  person  shall  connect  an  oil  storage  plant 
with  any  public  drain  or  sewer,  nor  permit  any  liquid  product  of 
petroleum  to  escape  into  any  such  drain  or  sewer. 

8.  Supervision.  A plant  for  the  storage  of  petroleum  or  shale  oil, 
or  any  liquid  product  thereof,  or  of  coal  tar,  shall  be  continuously, 
under  the  care  and  supervision  of  a person  holding  a certificate  of 
fitness  as  manager  or  superintendent  thereof  . 

§ 112.  LimiM  storage. — 1.  Permit.  Permits  may  be  issued  for 
the  storage  of  petroleum  and  shale  oil,  and  the  liquid  products  thereof, 
and  of  coal  tar,  in  buildings  other  than  storage  plants,  in  quantities 
not  to  exceed  the  following: 

(a)  Volatile  inflammable  oils — In  steel  barrels  or  drums,  10  bar- 
rels of  55  gallons  each;  in  cans,  500  gallons; 

(b)  Other  oils  that  do  not  emit  an  inflammable  vapor  at  a tempera- 
ture below  100°  F.: — In  barrels,  50  barrels  of  55  gallons  each;  in 
cans,  1,000  gallons. 

2.  Restrictions.  No  permit  shall  be  issued  for  the  storage  or  sale  of 
volatile  inflammable  oil  in  any  building: 

(a)  Which  is  occupied  as  a tenement  house,  dwelling,  school  or 
place  of  public  amusement  or  assembly; 

(b)  V^ere  explosives  are  stored  or  kept  for  sale  or  use;  ^ 

(c)  Where  drygoods  or  other  material  of  a highly  inflammable 
nature  are  manufactured,  stored  or  kept  for  sale; 

(d)  Where  the  portion  of  the  building  occupied  or  used  for  the 


188  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

storage  of  volatile  inflammable  oil  is  lighted  by  any  means  other  than 
electricity; 

(e)  Upon  any  floor  above  the  ^ound  floor  of  the  building. 

§ 113.  Transportation  and  delivery. — 1.  Permit.  Except  as  other- 
wise provided  in  this  chapter,  no  person  shall  transport  or  deliver 
within  the  city  any  petroleum  or  shale  oil,  or  the  liquid  products  of 
either,  or  of  coal  tar,  without  a permit. 

2.  Containers.  Petroleum  and  shale  oil,  and  the  liquid  products 
thereof,  and  of  coal  tar,  except  volatile  inflammable  oils,  may  be 
transported  in  the  following-named  containers: 

(a)  In  tank  cars  or  through  supply  pipes; 

(b)  In  steel,  iron  or  wooden  barrels  or  drums  of  a capacity  not 
exceeding  55  gallons  each; 

(c)  In  cans  of  a capacity  not  exceeding  10  gallons  each,  made  of  at 
least  No.  25  B.  W.  G.  tin  or  terne  plate,  packed  in  substantial  wooden 
cases. 

3.  Tank  wagons.  No  person  shall  transport  petroleum  or  shale  oil, 
or  the  liquid  product  of  either  thereof,  or  of  coal  tar,  in  a tank  wagon, 
unless  it  be  of  a type  for  which  a certificate  of  approval  shall  have 
been  issued;  provided,  however,  that  a certificate  of  approval  of  a 
type  or  kind  of  tank  wagon  issued  under  this  section  to  a given  person 
shall  not  be  construed  as  an  approval  of  a similar  type  or  kind  of 
tank  wagon  owned,  operated  or  used  by  another  person.  The  tank  of 
such  a wagon  shall  be  constructed  of  iron  or  steel  not  less  than  ^/g  of 
an  inch  thick  for  the  top  plates  and  of  an  inch  for  the  bottom 
plates;  and  shall  be  equipped  with  faucets,  which  shall  be  kept  locked 
when  not  in  use.  The  capacity  of  the  tank  wagon  shall  not  exceed 
35  barrels  of  55  gallons  each.  Each  such  wagon  shall  have  painted 
on  both  sides  thereof  in  letters  not  less  than  3 inches  high,  the  name 
of  the  person  operating  it,  and  the  number  of  the  certificate  of  ap- 
proval. 

§ 114.  Volatile  inflammable  oils. — 1.  Report  of  sales.  Each  vender 
of  volatile  inflammable  oil  shall  render  to  the  fire  commissioner,  on 
or  before  the  tenth  day  of  each  month,  a statement,  verified  as  to  its 
correctness  by  an  affidavit,  showing  the  total  quantity  of  volatile 
inflammable  oil  in  excess  of  5 gallons  delivered  to  each  purchaser 
in  the  city  during  the  preceding  month;  provided,  however,  that  no 
report  shall  be  required  of  volatile  inflammable  oil  delivered  directly 
to  the  fuel  tanks  of  motor  vehicles,  motorcycles,  motor  tricycles, 
motor  boats,  airships,  aeroplanes  and  other  similar  craft  and  vessels. 

2.  Retail  sales.  No  person  shall  sell  and  deliver  volatile  inflamma- 
ble oil,  in  quantities  exceeding  5 gallons,  unless  the  purchaser  thereof 
holds  a permit  for  the  transportation,  storage,  sale  or  use  of  such  oil; 
provided,  that  nothing  contained  in  this  chapter  shall  be  construed  as 
requiring  a permit  for  the  storage  of  volatile  inflammable  oil  in  the 
tanks  of  motor  vehicles,  motor  tricycles,  motorcycles,  motor  boats, 
airships,  aeroplanes,  or  other  similar  craft  or  vehicles,  for  use  as  fuel 
for  generating  motive  power;  and  provided  further  that  no  permit 
shall  be  required  for  the  transportation,  storage  or  use  of  volatile 
inflammable  oil  in  quantities  not  exceeding  1 gallon. 

3.  Rural  delivery.  By  a special  permit,  the  delivery  of  volatile 
inflammable  oils  may  be  authorized  to  be  made  by  tank  wagons  to 
points  in  the  sparsely  populated  districts  of  the  city,  provided  the 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


189 


entire  tank  load  is  delivered  at  one  time  and  place.  The  permit  shall 
in  such  cases  specify  the  route  to  be  followed  in  making  the  delivery. 

4.  Transportation.  Except  as  otherwise  provided  in  this  section, 
volatile  inflammable  oil  may  be  transported  only  in  the  following 
containers : 

(a)  Cans  of  a capacity  not  to  exceed  5 gallons  each,  having  plainly 

marked  thereon  the  words  DANGEROUS — KEEP  FROM 

FLAME, and  being  equipped  with  a metal  seal,  so  arranged  that 
there  shall  be  no  outlet  for  the  oil  unless  the  seal  is  broken; 

(b)  Glass  bottles  of  a capacity  not  exceeding  4 ounces  each,  labeled 
DANGEROUS— KEEP  FROM  FLAME; 

(c)  Steel  barrels  or  drums  of  a capacity  not  exceeding  55  gallons 
each,  having  plainly  marked  thereon  the  word  DANGEROUS. 

§ 115.  Illuminating  oils. — 1.  Permit.  No  person  shall  store  and 
sell  kerosene  or  other  illuminating  oils  without  a permit  from  the 
fire  commissioner;  but  no  permit  shall  be  required  where  the  quantity 
transported  or  used  does  not  exceed  10  gallons. 

2.  Empty  barrels.  All  kerosene  barrels,  cans  and  other  containers 
shall  be  removed  from  the  premises  within  24  hours  after  being 
emptied. 

3.  Test.  No  person  shall  sell  or  offer  for  sale  any  kerosene  or  other 
illuminating  oil  which  will  emit  an  inflammable  vapor  at  a tempera- 
ture lower  than  100°  F.  when  tested  either  in  the  open  air  or  in  the 
closed  pyrometer  of  Giuseppe  Tagliabue. 

§ 116.  Lubricating  oils. — No  permit  shall  be  required  for  the 
transportation,  storage,  sale  or  use  of  machine,  lubricating  or  other 
heavy  oils  in  quantities  not  exceeding  70  gallons. 

§ 117.  Fire  prevention. — The  floors  of  each  store  and  premises 
covered  by  a permit  issued  under  this  article  shall  be  kept  free  and 
clear  of  waste  paper  and  other  inflammable  material,  and  shall  be 
provided  with  self-closing  metal  cans  for  keeping  sawdust  or  cotton 
waste  for  cleaning  purposes,  and  also  with  a number  of  buckets 
filled  with  sand  for  use  in  extinguishing  fire;  the  number  of  buckets  to 
be  so  kept  shall  be  stated  in  the  permit. 


ARTICLE  9 

INFLAMMABLE  MIXTURES 

Sec.  130.  Permit. 

§ 131.  Manufacture. 

§ 132.  Transportation,  storage  and  sale. 

Sec.  130.  Permit. — Except  as  otherwise  provided  in  this  chapter, 
no  person  shall  manufacture,  transport,  store  or  sell  any  inflammable 
mixture  without  a permit,  and  no  such  permit  shall  be  granted  for  any 
inflammable  mixture  which  contains  volatile  inflammable  oil  in 
excess  of  80%  of  its  total  bulk,  or  which  shall  be  for  use  as  a stove 
polish  or  insecticide. 

§ 131.  Manufacture. — 1.  Certificate  of  approval.  No  system  for  the 
storage  of  volatile  inflammable  oils  shall  be  installed  in  any  building 
used  for  the  manufacture  of  inflammable  mixtures  unless  it  be  of  a 


190  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

type  for  which  a certificate  of  approval  shall  have  been  issued. 

2.  Restrictions.  No  permit  for  the  manufacture  of  inflammable 
mixtures  shall  be  issued  for  any  building — 

(a)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  any 
building  occupied  as  a school,  hospital,  theatre  or  other  place  of 
public  amusement  or  assembly; 

(b)  Which  is  occupied  as  a tenement  house,  dwelhng  or  hotel; 

(c)  Which  is  of  wooden  construction; 

(d)  Which  is  artificially  lighted  by  any  means  other  than  elec- 
tricity; 

(e)  Where  drugs,  cigars,  cigarettes  or  tobaccos  are  kept  for  sale; 

(f)  Where  drygoods  or  other  materials  of  a highly  inflammable 
nature  are  manufactured,  stored  or  sold  ; 

(g)  Where  matches,  rosin,  hemp,  cotton  or  any  explosives  are 
stored  or  sold. 

3.  Containers.  Inflammable  mixtures  shall  be  put  up  only  in 
glass  bottles  of  a capacity  not  exceeding  four  ounces  each,  or  in 
metal  cans  of  a capacity  not  exceeding  one  gallon  each,  fitted  with  a 
screw  top  so  made  that  the  can  will  be  airtight  when  closed,  and 
each  such  bottle  or  can  shall  bear  the  name  and  address  of  the  manu- 
facturer, the  number  of  his  original  permit,  or  the  number  of  his 
certificate  of  registration,  and,  in  large  letters,  the  words  CAUTION ; 
INFLAMMABLE  MIXTURE.  DO  NOT  USE  NEAR  FIRE  OR 
FLAME. 

4.  Deliveries.  All  deliveries  of  volatile  inflammable  oils  to  a build- 
ing used  for  the  manufacture  of  inflammable  mixtures  shall  be  made 
directly  to  the  storage  tank  through  the  filling  pipe  by  means  of  a 
hose  coupled  to  the  barrel  from  which  the  oil  is  being  drawn. 

5.  Drawing-off  pipe.  The  drawing-off  pipe  shall  be  encased  in 
and  surrounded  by  either  4 inches  of  Portland  cement,  concrete 
or  8 inches  of  brick  masonry  up  to  the  level  of  the  floor  on  which 
the  compartment  containing  the  mixing  tank  is  located. 

6.  Filling  pipe.  The  filling  pipe  shall  be  at  least  2 inches  in  diam- 
eter, and  shall  be  laid  at  a descending  grade  from  the  sidewalk  in 
front  of  the  building  to  the  tank.  The  intake  of  a filhng  pipe  shall 
be  located  in  a heavy  metal  box,  which  shall  be  sunk  flush  with  the 
sidewalk  at  the  curb  level  and  fitted  with  a heavy  metal  cover, 
and  shall  be  kept  locked  when  not  in  use.  The  filling  pipe  shall  be 
closed  at  the  intake  by  a cock  or  valve  fitted  with  a coupling  for 
attaching  to  the  hose  of  a barrel  wagon,  and  with  a screw  cap  to 
close  the  opening  when  not  in  use.  The  filling  pipe  shall  be  provided 
with  a screen  made  of  two  thicknesses  of  20-mesh  brass  wire  gauze, 
placed  immediately  below  the  filling  cock  or  valve. 

7.  Lighting.  No  system  of  artificial  lighting,  other  than  incandes- 
cent electric  lights,  shall  be  installed  in  any  compartment  wherein 
a mixing  tank  is  located,  unless  of  a type  for  which  a certificate  of 
approval  shall  have  been  issued.  All  electric  switches  and  plugs 
shall  be  placed  at  least  4 feet  above  the  floor  of  the  compartment. 

8.  Mixing  tank.  The  mixing  tank  shall  be  located  in  a separate 
compartment  built  upon  suitable  foundations,  having  the  walls,  floor 
and  roof  constructed  of  Portland  cement  concrete  at  least  6 inches 
thick,  or  of  brick  niasonry  at  least  8 inches  thick,  the  brick  to  be 
laid  in  and  covered  by  Portland  cement  mortar.  Each  such  tank 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


191 


shall  be  filled  either  by  means  of  a pump  or  an  approved  pressure 
system,  and  the  tank  shall  be  kept  closed  except  when  the  ingredients 
entering  into  the  manufacture  of  the  inflammable  mixture  are  being 
placed  therein.  Each  compartment  wherein  a mixing  tank  is  lo- 
cated shall  be  equipped  with  self-closing  fire-proof  doors  and  windows. 

9.  Piping y generally.  Each  storage  tank  shall  be  provided  with  a 
filling  pipe,  a drawing-off  pipe  and  a vent  pipe;  provided,  that  tanks 
installed  as  part  of  an  hydraulic  storage  system  shall  not  be  required 
to  have  a vent  pipe.  All  pipes  shall  be  of  galvanized  wrought  iron, 
with  malleable  iron  fittings.  All  screw  joints  shall  be  made  with 
litharge  and  glycerine. 

10.  Sewer  protection.  No  piping  of  any  kind  shall  be  allowed  to 
connect  a compartment  wherein  a mixing  tank  is  located  with  any 
public  drain  or  sewer;  and  all  silt  or  sediment  left  in  the  mixing  tank 
shall  be  placed  in  airtight  metal  containers  and  immediately  removed 
from  the  premises. 

11.  Storage  system.  No  permit  shall  be  issued  for  the  manufacture 
of  inflammable  mixtures  in  any  premises  which  are  not  equipped 
with  an  approved  storage  system  for  containing  and  handling  all 
volatile  inflammable  oils  used  in  such  manufacture. 

12.  Supervision.  All  premises  used  for  the  manufacture  of  inflam- 
mable mixtures  shall  be  under  the  care  and  supervision  of  one  or 
more  persons,  each  holding  a certificate  of  fitness  as  superintendent 
or  manager  thereof.  The  number  of  persons  required  to  hold  such 
certificate  shall  be  stated  in  the  permit. 

13.  Tanks.  Each  tank  used  for  the  storage  of  volatile  inflammable 
oil  shall  be: 

(a)  Constructed  of  steel  at  least  one-quarter  of  an  inch  in  thick- 
ness, shall  have  a capacity  of  not  more  than  275  gallons,  and  shall, 
under  test,  stand  a hydrostatic  pressure  of  at  least  100  pounds  to 
the  square  inch. 

(b)  Coated  on  the  outside  with  tar  or  other  rust-resisting  material, 
shall  be  set  on  a solid  foundation,  and  shall  be  imbedded  in  and  sur- 
rounded by  at  least  12  inches  of  Portland  cement  concrete. 

(c)  So  set  that  the  top  or  highest  point  thereof  shall  be  at  least 
2 feet  below  the  level  of  the  lowest  cellar  floor  of  any  building  within 
a radius  of  10  feet  from  the  tank,  and  no  tank  for  the  storage  of 
volatile  inflammable  oil  shall  be  located  under  the  sidewalk  or  be- 
yond the  building  line. 

(d)  Equipped  with  a filling  pipe,  a drawing-off  pipe,  and  a vent 
pipe;  provided,  however,  that  tanks  installed  as  a part  of  an  hy- 
draulic storage  system  shall  not  be  required  to  have  a vent  pipe. 

14.  Vent  pipe.  The  vent  pipe  shall  be  at  least  1 inch  in  diameter, 
shall  run  from  the  tank  to  the  outer  air  at  least  10  feet  above  the 
roof  of  the  building  in  which  the  plant  is  located,  and  shall  be  at 
least  10  feet  from  the  nearest  wall  of  any  adjoining  building,  and 
well  braced  in  position.  It  shall  be  capped  with  a double  goose-neck, 
cowl  or  hood,  and  provided  with  a screen  made  of  two  thicknesses 
of  20-mesh  brass  wire  gauze,  placed  immediately  below  the  goose- 
neck. 

15.  Ventilating  flue.  Each  compartment  wherein  a mixing  tank 
is  located  shall  be  equipped  with  a ventilating  flue,  constructed  of 
brick  or  concrete,  lined  with  tile  pipe  at  least  8 inches  square,  in- 


192  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

side  measurement,  and  extending  from  the  floor  of  the  compartment 
at  a point  opposite  the  door  to  at  least  6 feet  above  the  highest 
point  of  the  roof,  and  at  least  10  feet  from  the  nearest  wall  of  any 
adjoining  building.  Such  flue  shall  have  an  opening  into  the  mixing 
compartment  6 inches  square,  3 inches  above  the  floor,  and  shall 
be  equipped  with  a double  goose-neck  8 inches  square,  made  of  at 
least  18-gauge  galvanized  iron.  All  openings  to  be  covered  with 
20-mesh  brass  wire  screens. 

16.  Fire  prevention.  No  stove,  forge,  torch,  boiler,  furnace,  flame 
or  fire,  nor  any  electric  or  other  apparatus  which  is  likely  to  produce 
an  exposed  spark,  shall  be  allowed  in  any  building  used  for  the  manu- 
facture of  inflammable  mixtures,  unless  that  portion  of  the  building 
so  used  is  separated  from  the  remainder  of  the  building  by  fireproof 
walls  and  floors.  Premises  used  for  the  manufacture  of  inflammable 
mixtures  shall  be  equipped  with  a fire  extinguishing  system  satis- 
factory to  the  fire  commissioner,  and  with  a number  of  fire  buckets 
filled  with  sand  and  kept  on  each  floor.  The  number  of  buckets  and 
the  quantity  of  sand  to  be  kept  shall  be  determined  by  the  commis- 
sioner and  stated  in  the  permit. 

§ 132.  Transportation j storage  and  sale. — 1.  Permit.  No  person 
shall  store  or  keep  for  sale  any  inflammable  mixtures,  in  quantites 
aggregating  more  than  5 gallons,  without  a permit. 

2.  Certificate  of  registration.  No  person  shall  transport  or  sell  an 
inflammable  mixture,  unless  a certificate  of  registration  therefor 
shall  have  been  issued;  but  no  such  certificate  shall  be  required  for 
inflammable  mixtures  for  which  a permit  to  manufacture  shall 
have  been  issued. 


ARTICLE  10 

COMBUSTIBLE  MIXTURES 

Sec.  140.  Permit. 

§ 141.  Manufacture. 

§ 142.  Transportation,  storage  and  sale. 

Sec.  140.  Permit. — Except  as  otherwise  provided  in  this  chapter, 
no  person  shall  manufacture,  transport,  store  or  sell  any  combustible 
mixture  without  a permit,  but  no  permit  for  the  manufacture  of 
combustible  mixtures  shall  be  required  of  a person  holding  a permit 
for  the  manufacture  of  inflammable  mixtures  issued  in  conformity 
with  article  9 of  this  chapter. 

§141.  Manufacture. — 1.  Restrictions.  No  such  permit  shall  be 
issued  for  manufacturing  of  combustible  mixtures  in  any  building 
within  the  restrictions  of  subdivision  2 of  § 131  of  this  chapter. 

2.  Containers.  Combustible  mixtures  may  be  put  up  only  in  glass 
bottles  of  a capacity  not  exceeding  4 ounces  each,  or  in  cans  of  a 
capacity  not  exceeding  1 gallon  each,  fitted  with  a screw  top  so  made 
that  the  can  shall  be  airtight  when  closed.  Each  can  or  bottle  con- 
taining a combustible  mixture  shall  bear  a label  giving  the  name  and 
address  of  the  manufacturer,  the  number  of  his  original  permit  or  of 
his  certificate  of  registration,  and,  in  large  letters,  the  words  CAU- 
TION-COMBUSTIBLE MIXTURE. 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


193 


§ 142.  Transportation j storage  and  sale. — 1.  Certificate  of  registra- 
tion. No  person  shall  transport,  store  or  sell  any  combustible  mix- 
ture unless  a certificate  of  registration  therefor  shall  have  been 
issued,  but  no  such  certificate  shall  be  required  for  combustible  mix- 
tures for  the  manufacture  of  which  a permit  has  been  issued. 

2.  Exemptions.  No  permit  for  the  storage  and  sale  at  retail  of 
combustible  mixtures  shall  be  required  of  a person  holding  a permit 
for  the  storage  and  sale  at  retail  of  inflammable  mixtures,  issued  in 
accordance  with  the  provisions  of  Article  9 of  this  chapter.  No  per- 
mit shall  be  required  for  the  storage  and  sale  at  retail  of  combustible 
mixtures  in  quantities  aggregating  not  more  than  10  gallons. 


ARTICLE  11 

GARAGES 

Sec.  150.  Permit. 

§ 151.  Garages  having  tanks  for  storing  volatile  inflammable  oil. 

§ 152.  Garages  without  storage  tanks. 

§ 153.  Public  garage. 

§ 154.  Private  garage. 

§ 155.  Oil  separators. 

§ 156.  Storage  system. 

§ 157.  Supplying  vehicles. 

§ 158.  Lighting. 

§ 159.  Fire  prevention. 

Sec.  150.  Permit. — No  person  shall  store,  house  or  keep  any  motor 
vehicle  containing  volatile  inflammable  oil,  except  in  a building,  shed 
or  enclosure  for  which  a garage  permit  shall  have  been  issued. 

§ 151.  Garages  having  tanks  for  storing  volatile  inflammable  oil. — 
No  garage  permit  allowing  the  storage  of  volatile  inflammable  oil 
shall  be  issued  for  any  building,  shed  or  enclosure — 

(a)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  a build- 
ing occupied  as  a school,  theatre  or  other  place  of  public  amusement 
or  assembly; 

(b)  Which  is  occupied  as  a tenement  house  or  hotel; 

(c)  Which  is  not  constructed  of  fire-resisting  material  throughout; 

(d)  Where  paints,  varnishes  or  lacquers  are  manufactured,  stored 
or  kept  for  sale: 

(e)  Where  drygoods  or  other  highly  inflammable  materials  are 
manufactured  or  kept  for  sale; 

(f)  Where  rosin,  turpentine,  hemp,  cotton,  guncotton,  smokeless 
powder,  blasting  powder,  or  any  other  explosives  are  stored  or  kept 
for  sale. 

§ 152.  Garages  without  storage  tanks. — No  garage  permit  for  the 
storing  of  motor  vehicles,  containing  volatile  inflammable  oil  in  their 
fuel  tanks,  shall  be  issued  for  any  building,  shed  or  enclosure,  unless 
that  portion  of  such  building,  shed  or  enclosure  in  which  such  motor 
vehicles  are  stored  is  constructed  of  fire-resisting  material;  the  pro- 
visions of  this  section  to  apply  only  to  premises  where  no  volatile 
inflammable  oil  is  stored,  and  which  are  situated : 

(a)  Within  25  feet  of  the  nearest  wall  of  a building  occupied  as  a 
13 


194 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


tenement  house,  church,  hotel,  place  of  public  amusement  or  assem- 
bly, school,  wholesale  drug  store,  premises  where  drygoods  or  other 
highly  inflammable  materials  are  manufactured  or  kept  for  sale, 
cleaning  and  dyeing  estabhshments,  or  any  premises  where  combusti- 
ble fibres  are  stored; 

(b)  Within  50  feet  of  any  premises  where  ammunition  or  fireworks 
are  manufactured  or  stored;  where  inflammable  or  combustible 
mixtures,  paints,  varnishes,  lacquers  or  matches  are  manufactured  or 
stored  in  wholesale  quantities;  where  nitrocellulose  products  are 
used  for  further  manufacture,  or  where  inflammable  motion  picture 
films  are  manufactured  or  stored  in  quantities  aggregating  more 
than  10,000  feet. 

(c)  Within  100  feet  of  any  premises  where  calcium  carbide  is 
manufactured  or  stored  in  quantities  exceeding  120  pounds;  or  where 
gases  under  pressure  are  manufactured  or  stored  in  quantities  greater 
than  250  cubic  feet; 

(d)  Within  200  feet  of  a magazine  for  the  storage  of  explosives,  of 
the  first,  second,  third  or  fourth  class. 

The  provisions  of  this  section  may  be  modified  by  special  permit 
issued  by  the  fire  commissioner,  when  in  his  judgment  the  strict 
enforcement  thereof  would  work  undue  hardship. 

§ 153.  Public  garage. — Each  garage  wherein  volatile  inflammable 
oil  is  stored  shall  be  continuously  under  the  care  and  supervision  of 
one  or  more  persons,  each  holding  a certificate  of  fitness  as  a superin- 
tendent or  manager  thereof.  The  number  of  persons  to  hold  such 
certificates  shall  be  stated  in  the  permit,  but  in  no  case  shall  there  be 
required  more  than  3 for  any  garage. 

§ 154.  Private  garage. — permit  may  be  issued  for  a garage: 
' 1.  In  building  otherwise  occupied.  A permit  may  be  issued  for  a 
garage  in  a building  occupied  as  a dwelling  by  either  the  applicant 
and  one  other  tenant,  or  by  the  applicant's  employee  and  one  other 
tenant,  provided  that  not  more  than  two  floors  or  stories  above  the 
garage  are  occupied  or  used  as  living  apartments,  which  apartments 
shall  be  separated  from  the  garage  by  unpierced  fireproof  walls  and 
floors;  and  provided  further  that  all  motor  vehicles  stored  or  kept 
in  such  garage  shall  be  the  property  of  the  applicant  or  of  his  imme- 
diate family,  and  that  none  of  such  vehicles  shall  be  let  out  for  hire. 

2.  In  separate  building.  A permit  may  be  issued  for  a garage  on 
premises  on  which  there  is  a dweUing  occupied  by  the  applicant  or 
by  his  employee,  provided  that  the  entrance  to  the  living  apartment 
shall  not  be  through  the  garage;  and  provided  further  that  all  motor 
vehicles  stored  or  kept  therein  shall  be  the  property  of  the  applicant 
or  of  his  immediate  family,  and  that  none  of  such  vehicles  shall  be 
let  out  for  hire. 

No  volatile  inflammable  oil,  except  that  contained  in  the  tanks  of 
the  motor  vehicles,  may  be  stored  in  a garage  for  which  a permit  has 
been  issued  under  this  section,  unless  it  is  constructed  of  fire-resisting 
material  throughout.  No  certificate  of  fitness  shall  be  required  of 
the  person  having  supervision  of  a garage  referred  to  in  this  section. 

§ 155.  Oil  separators. — 1.  When  required.  No  garage  permit 
authorizing  the  storage  of  volatile  inflammable  oil  shall  be  issued 
for  any  premises,  storing  more  than  4 motor  vehicles,  which  are 
not  provided  with  an  oil  separator,  trap  or  other  similar  apparatus 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


195 


attached  to  the  house  drain,  for  the  purpose  of  preventing  volatile 
inflammable  oils  from  flowing  into  the  sewer;  provided,  however, 
that  the  fire  commissioner  may  exempt  from  the  requirements  of 
this  section  a garage  draining  into  a short  sewer  line. 

2.  Oil  receptacle.  The  oil  receptacle  of  an  oil  separator  shall  not 
exceed  50  gallons  capacity,  and  shall  be  emptied  as  often  as  may  be 
necessary  to  prevent  the  oil  from  overflowing;  and  such  oils  as  are 
recovered  from  the  separator  shall  be  removed  from  the  garage 
within  24  hours  after  being  taken  from  the  separator. 

3.  Sewer  connection.  Each  oil  separator  shall  be  connected  to 
the  house  drain,  and  shall  be  so  arranged  as  to  separate  all  oils  from 
the  drainage  of  the  garage. 

4.  Waste  oil.  All  oils  spilled  on  the  floor  of  a garage  shall  be  re- 
moved by  sponging  or  swabbing,  and  poured  into  the  drain  leading 
to  the  oil  separator. 

§ 156.  Storage  system. — 1.  Tanks.  No  garage  permit  authorizing 
the  storage  of  volatile  inflammable  oil  shall  be  issued  for  any  premi- 
ses which  are  not  equipped  with  an  approved  storage  system  of 
sufficient  capacity  for  the  proper  storage  of  such  oil,  which  shall  be 
installed  in  the  manner  prescribed  in  sub-divisions  5,  6,  9,  13  and 
14  of  § 131  of  Article  9 of  this  chapter;  provided  that  each  tank 
shall  be  imbedded  in  and  surrounded  by  at  least  12  inches  of  Port- 
land cement  concrete,  composed  of  2 parts  of  cement,  3 parts  of 
sand  and  5 parts  of  stone. 

2.  Receiving  supplies.  No  barrel  containing  volatile  inflammable 
oil  shall  be  taken  off  the  wagon  delivering  such  oil  to  a garage,  but 
the  oil  shall  be  delivered  directly  to  the  storage  tank  through  the 
filling  pipe,  by  means  of  a hose  coupled  to  the  barrel  containing  the 
oil  and  connected  to  the  intake  provided  for  in  subdivision  6 of 
§ 131  of  this  chapter.  No  wagon  or  other  vehicle  engaged  in  the 
delivery  of  volatile  inflammable  oil  shall  be  admitted  to  or  taken 
within  a garage  or  any  portion  thereof,  and  no  person  shall  deliver 
or  receive  within  a garage  any  volatile  inflammable  oil  in  a barrel 
or  other  similar  receptacle,  nor  keep  or  store  in  a garage  any  barrel 
or  other  similar  receptacle  from  which  volatile  inflammable  oil  has 
been  drawn. 

3.  Approval  of  appliances.  No  storage  tank,  portable  tank,  oil 
separator,  pump  or  other  similar  apparatus  shall  be  installed  in  a 
garage  unless  it  be  of  a type  for  which  a certificate  of  approval  shall 
have  been  issued  by  the  fire  commissioner. 

§ 157.  Supplying  vehicles. — 1.  Method.  No  person  shall  deliver 
volatile  inflammable  oil  from  a storage  tank  to  a motor  vehicle, 
except  by  means  of  a portable  tank  or  directly  through  the  outlet 
of  the  drawing-off  pipe. 

2.  Portable  tanks.  Each  portable  tank  shall  be  of  a capacity  not 
exceeding  55  gallons,  and  shall  be  mounted  on  a substantial  iron 
or  steel  frame,  with  rubber-tired  wheels.  The  oil  shall  be  discharged 
from  the  tank  only  through  a hose  not  exceeding  16  feet  in  length, 
having  a shut-off  valve  close  to  the  outlet  or  nozzle. 

3.  Pumps;  basement  service.  No  pump  or  stationary  outlet  for 
the  delivery  of  volatile  inflammable  oil  in  a garage  shall  be  allowed 
on  any  floor  below  the  street  level;  and  no  person  shall  deliver  any 
such  oil  to  the  tank  of  a motor  vehicle  while  on  the  floor  of  the  garage 


190  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

below  the  street  level,  unless  the  ventilation  of  such  floor  shall  have 
been  approved  by  the  fire  commissioner. 

4.  Restrictions.  No  person  shall  sell,  deliver  or  use  volatile  inflam- 
mable oil  in  or  upon  any  premises  covered  by  a garage  permit  for 
any  purpose  other  than  that  of  filling  the  tanks  of  motor  vehicles, 
motorcycles,  motor  tricycles,  motor  boats,  airships  or  aeroplanes, 
except  that  the  use  of  gasoline  in  gasoline  torches  of  a capacity  not 
greater  than  1 quart  shall  be  permitted,  but  in  the  repair  department 
only. 

§ 158.  Lighting. — No  system  of  artificial  lighting  other  than  in- 
candescent electric  lights  shall  be  installed  in  any  garage,  unless 
of  a type  for  which  a certificate  of  approval  shall  have  been  issued. 
All  incandescent  lights  shall  be  fitted  with  keyless  sockets,  and 
all  electric  switches  and  plugs  shall  be  placed  at  least  4 feet  above 
the  garage  floor. 

§ 159.  Fire  prevention. — 1.  Exposed  flame  or  spark.  No  stove, 
forge,  boiler,  torch,  flame,  or  fire,  and  no  electric  or  other  appliance 
which  is  likely  to  produce  an  exposed  spark,  shall  be  installed  in 
any  garage,  unless  it  be  placed  in  a room  or  compartment  which 
is  separated  from  the  garage  by  fireproof  walls  and  floors. 

2.  Sand.  Each  garage  shall  be  equipped  with  fire  buckets  filled 
with  sand  and  kept  on  each  floor,  for  use  in  extinguishing  fire.  A 
quantity  of  sand  shall  also  be  kept  on  each  floor  of  a garage,  for 
absorbing  waste  oil.  The  quantity  of  sand  and  the  number  of  buckets 
for  each  garage  shall  be  designated  by  the  fire  commissioner  and 
stated  in  the  permit. 

3.  Receptacles  for  waste.  Each  floor  of  a garage  shall  be  equipped 
with  self-closing  metal  cans;  and  all  inflammable  waste  material 
shall  be  kept  therein  until  removed  from  the  building. 

4.  Storage  of  carbide.  All  calcium  carbide  stored  in  a garage  shall 
be  kept  in  water-tight  metal  containers  with  securely  fastened 
covers;  and  the  aggregate  quantity  kept  on  hand  shall  not  exceed 
at  any  time  120  pounds. 


ARTICLE  12 

MOTOR  VEHICLE  REPAIR  SHOPS 


Sec.  170.  Permit. 

§ 171.  Restrictions. 

Sec.  170.  Permit. — No  person  shall  maintain  or  operate  a motor 
vehicle  repair  shop  without  a permit;  provided  that  such  a permit 
shall  not  be  required  of  a person  holding  a garage  permit. 

§ 171.  Restrictions. — No  person  shall 

1.  Store  or  keep  for  sale  in  a motor  vehicle  repair  shop  any  vola- 
tile inflammable  oil  or  calcium  carbide,  except  under  a special  permit; 

2.  Introduce  or  receive  into  such  a repair  shop  any  motor  vehicle 
containing  volatile  inflammable  oil,  unless  the  building  or  that  por- 
tion thereof  occupied  as  a repair  shop  is  constructed  of  fire-resisting 
material. 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


197 


ARTICLE  13 

DRY  CLEANING  AND  DRY  DYEING  ESTABLISHMENTS 

Sec.  175.  Permit. 

§ 176.  Restrictions. 

§ 177.  Equipment. 

§ 178.  Operation. 

§ 179.  Fire-prevention. 

Sec.  175.  Permit. — No  person  shall  maintain  or  operate  a dry 
cleaning  or  dry  dyeing  establishment  without  a permit. 

§ 176.  Restrictions. — No  permit  to  maintain  and  operate  a dry 
cleaning  or  dry  dyeing  establishment  shall  be  issued  for  any  building: 

(a)  In  which  the  compartment  wherein  the  volatile  inflammable 
oil  is  used  is  situated  within  50  feet  of  the  nearest  wall  of  any  build- 
ing occupied  as  a school,  hospital,  theatre,  or  other  place  of  public 
amusement  or  assembly; 

(b)  Which  is  occupied  as  a tenement  house,  dwelling  or  hotel; 

(c)  Which  is  of  wooden  construction; 

(d)  In  which  the  compartment  wherein  the  volatile  inflammable 
oil  is  used  is  artificially  lighted  by  any  means  other  than  electricity. 

(e)  Where  drugs,  cigars,  cigarettes  or  tobaccos  are  kept  for  sale; 

(f)  Where  paints,  varnishes  or  lacquers  are  manufactured,  stored, 
or  kept  for  sale; 

(g)  Where  drygoods  or  other  highly  inflammable  materials  are 
manufactured,  stored  or  kept  for  sale; 

(h)  Where  matches,  rosin,  turpentine,  hemp,  cotton,  or  any  ex- 
plosives are  stored  or  kept. 

(i)  Which  is  not  equipped  with  an  approved  system  for  storing  and 
handling  all  volatile  inflammable  oils,  stored  or  used  in  such  estab- 
lishments as  prescribed  in  sub-divisions  5,  6,  9,  13  and  14  of  § 131  of 
Article  9 of  this  chapter. 

§ 177.  Equipment. — 1.  Certificate  of  approval.  No  system  for  the 
storage  of  volatile  inflammable  oils  shall  be  installed  in  any  building 
used  as  a dry  cleaning  or  dry  dyeing  establishment,  unless  it  be  of  a 
type  for  which  a certificate  of  approval  shall  have  been  issued. 

2.  Settling  tank.  At  the  close  of  each  day,  all  volatile  inflammable 
oils  remaining  in  the  washing  tank  shall  be  transferred  through 
continuous  piping  to  a settling  tank;  and  each  settling  tank  shall  be 
installed  and  equipped  in  the  same  manner  as  prescribed  in  this 
article  for  a storage  tank. 

3.  Roof -tanks.  By  special  permit,  the  installation  of  a tank  or 
tanks  for  the  storage  of  volatile  inflammable  oils  or  liquids  on  the 
roof  of  a building  used  exclusively  as  a dry  cleaning  or  dry  dyeing 
establishment  may  be  authorized;  provided  such  building  is  of  fire- 
proof construction  throughout,  and  the  tank  or  tanks  shall  be  in- 
stalled in  a separate  compartment. 

4.  “TFas/i  tank^^  room.  Each  room  or  compartment  wherein  a 
^Vashing  tank^’  is  located  shall  be  properly  ventilated,  and  shall  be 
equipped  with  self-closing  fireproof  doors  and  windows  that  can  be 
easily  opened  from  the  outside. 

§ 178.  Operation. — 1.  Settling,  filtering  and,  distilling.  All  volatile 


198 


CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 


inflammable  oil  which  has  been  used  in  the  process  of  dry  cleaning  or 
dry  dyeing  shall  be  settled,  filtered  or  distilled  in  a machine  or 
apparatus,  of  a type  for  which  a certificate  of  approval  shall  have 
been  issued. 

2.  Sewer  'protection.  No  person  shall  discharge  any  volatile  in- 
flammable oil  into  any  public  drain  or  sewer. 

3.  Supervision.  The  operation  of  a di*y  cleaning  or  dry  dyeing 
establishment  shall  be  continuously  under  the  care  and  supervision 
of  a person  holding  a certificate  of  fitness  as  manager  thereof. 

§ 179.  Fire  prevention. — \.  Steam  extinguishing  applicance.  Each 
room  or  compartment  wherein  a ^‘washing  tank'^  is  located  shall  be 
equipped  with  an  approved  steam  fire  extinguishing  system,  the 
supply  valve  for  which  shall  be  placed  on  the  outside  of  the  washing 
room  with  one  valve  so  arranged  that  the  steam  can  be  instanta- 
neously turned  on. 

2.  Buckets  of  sand.  Each  premises  in  which  a dry  cleaning  or  dry 
dyeing  establishment  is  located  shall  be  equipped  with  fire  buckets 
filled  with  sand  and  kept  on  each  floor,  for  use  in  extinguishing  fire. 
A quantity  of  sand  shall  also  be  kept  on  each  floor  for  absorbing 
waste  oils.  The  number  of  buckets  and  the  quantity  of  sand  to 
be  so  kept  shall  be  determined  by  the  fire  commissioner  and  stated 
in  the  permit. 

3.  Artificial  lighting.  No  system  of  artificial  lighting  other  than 
incandescent  electric  lights  shall  be  installed  in  any  room  or  com- 
partment wherein  volatile  inflammable  oil  is  stored  or  used,  unless  it 
be  of  a type  for  which  a certificate  of  approval  shall  have  been  issued. 
All  incandescent  lights  shall  be  fitted  with  keyless  sockets,  and  all 
electric  switches  and  plugs  shall  be  placed  at  least  4 feet  above  the 
floor. 

4.  Exposed  flame  or  spark.  No  stove,  forge,  torch,  boiler,  furnace, 
flame  or  fire,  and  no  electric  or  other  appliance  that  is  likely  to  pro- 
duce an  exposed  spark,  shall  be  installed  in  any  room  or  compart- 
ment in  which  volatile  inflammable  oil  is  stored  or  used. 

5.  Garr'ying  matches.  No  person  shall  carry  matches  into  any 
room  or  compartment  in  which  volatile  inflammable  oil  is  used  or 
stored. 


ARTICLE  14 

SPONGING 

Sec.  190.  Permit. 

§ 191.  Restrictions. 

Sec.  190.  Permit. — No  person  shall  conduct  the  business  of 
sponging  garments  or  fabrics  for  hire,  without  a permit;  provided, 
that  no  such  permit  shall  be  required  of  the  holder  of  a permit  to 
maintain  and  operate  a dry  cleaning  or  dry  dyeing  estabhshment. 
§ 191.  Restrictions. — No  person  shall 

1.  Conduct  sponging  operations  within  10  feet  of  a fire  or  open 
flame; 

2.  Keep  more  than  2 gallons  of  volatile  inflammable  oil  in  any 
premises  covered  by  a permit  for  sponging; 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


199 


3.  Sell  or  give  away  volatile  inflammable  oil  or  use  any  such  oil  for 
any  other  purpose  than  sponging. 

4.  Store  or  keep  volatile  inflammable  oil  in  excess  of  1 gallon  on 
the  premises  covered  by  a permit  for  sponging  except  in  an  approved 
container. 


ARTICLE  15 

PAINTS,  VARNISHES  AND  LACQUERS 

Sec.  200.  Permit. 

§ 201.  Restrictions. 

Sec.  200.  Permit. — No  person  shall  manufacture,  store  or  keep  for 
sale  paints,  varnishes  or  lacquers  or  any  other  substances,  mixtures 
and  compounds  commonly  used  for  painting,  varnishing,  staining  or 
other  similar  purposes,  in  quantities  greater  than  20  gallons  without  a 
permit. 

§ 201.  Restrictions. — No  permit  for  the  manufacture,  mixing  or 
compounding  of  paints,  varnishes  or  lacquers  shall  be  issued  for  any 
premises — 

(a)  Which  are  situated  within  50  feet  of  the  nearest  wall  of  a 
building  occupied  as  a school,  theatre  or  other  place  of  pubhc  amuse- 
ment or  assembly; 

(b)  Which  are  occupied  as  a tenement  house,  dwelling,  hotel, 
workshop  or  factory; 

(c)  Which  are  artificially  lighted  by  any  means  other  than  elec- 
tricity; 

(d)  Where  drugs,  cigars,  cigarettes  or  tobaccos  are  kept  for  sale; 

(e)  Where  drygoods  or  other  highly  inflammable  materials  are 
manufactured,  stored  or  kept  for  sale. 


ARTICLE  16 

CALCIUM  CARBIDE 

Sec.  205.  Permit. 

§ 206.  Conditions. 

§ 207.  Restrictions. 

Sec.  205.  Permit. — No  person  shall  store  or  keep  calcium  carbide 
in  excess  of  120  pounds  without  a permit. 

§ 206.  Conditions. — 1.  Containers.  Each  can,  drum  or  container 
for  holding  calcium  carbide  shall  be  constructed  of  tin,  iron  or  steel, 
without  the  use  of  solder.  It  shall  be  closed  in  such  manner  as  to  be 
air-  and  water-tight,  and  shall  be  conspicuously  marked  CARBIDE — 
DANGEROUS  IF  NOT  KEPT  DRY. 

2.  Place.  No  building  shall  be  used  for  the  storage  of  calcium 
carbide  in  excess  of  600  lbs.  which  is  not  exclusively  used  for  such 
storage  and  is  detached  from  any  other  building,  or  shall  be  separated 
from  any  other  building  by  an  unpierced  fireproof  wall  not  less  than 
12  inches  thick.  It  shall  be  constructed  in  such  manner  as  to  be  dry. 


200 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


waterproof,  and  well  ventilated,  and  no  carbide  shall  be  stored  on 
any  floor  which  is  less  than  6 inches  above  the  street  level. 

3.  Warning.  A building  used  for  such  storage  shall  have  a sign 
conspicuously  displayed  on  the  outside  thereof  bearing  in  letters  at 
least  twelve  inches  high  the  words  CALCIUM  CARBIDE— USE 
NO  WATER. 

§ 207.  Restrictions. — No  permit  shall  be  issued  for  the  storage  of 
calcium  carbide  in  excess  of  six  hundred  pounds  in  any  building — 

(a)  Which  is  not  used  exclusively  for  such  storage; 

(b)  Which  is  situated  within  fifty  feet  of  the  nearest  wall  of  any 
building  occupied  as  a hospital,  school,  theatre,  or  other  place  of 
public  amusement  or  assembly; 

(c)  Which  is  of  wooden  construction. 


ARTICLE  17 

GASES  UNDER  PRESSURE 

Sec.  210.  Permit. 

§ 211.  Compressing. 

§ 212.  Acetylene. 

§ 213.  Oxygen  blow-pipes. 

Sec.  210.  Permit. — No  person  shall  compress,  store  or  sell  any 
acetylene.  Blaugas,  Pintsch  gas  or  other  gases  and  mixtures  of  gases 
to  a pressure  greater  than  6 pounds  to  the  square  inch,  without  a 
permit. 

§ 211.  Compressing. — 1.  Capacity.  No  person  shall  store  tanks  or 
cylinders  containing  gas  compressed  to  a pressure  greater  than  15 
pounds  to  the  square  inch  aggregating  more  than  250  cubic  feet, 
without  a permit. 

2.  Certificate  of  fitness.  No  gas  shall  be  compressed  to  a pressure 
greater  than  6 pounds  to  the  square  inch,  unless  such  compression  be 
done  under  the  supervision  of  a person  holding  a certificate  of  fitness. 

3.  Construction.  All  tanks  and  cylinders  used  for  the  storage  of 
gas  under  pressure  shall  be  constructed  of  rolled,  drawn  or  forged 
steel,  and  shall  be  either  seamless,  brazed,  welded  or  riveted.  Each 
tank  or  cylinder  used  for  the  storage  of  gas  under  pressure,  other  than 
acetylene,  shall  be  tested  to  withstand  a pressure  double  that  at 
which  they  are  intended  to  be  filled. 

4.  Containers;  certificate  of  approval.  No  person  shall  transport, 
store  or  sell  any  gas  compressed  to  a pressure  greater  than  15  pounds 
to  the  square  inch,  except  it  be  contained  in  a metal  tank,  cylinder 
or  other  metal  container,  of  a type  for  which  a certificate  of  approval 
shall  have  been  issued. 

5.  Pressure  gauge.  Each  tank  or  cylinder  used  for  the  storage  of 
gas  under  pressure  shall  be  provided  with  a pressure  gauge,  or  with 
an  opening  to  which  such  gauge  may  be  attached,  for  determining  the 
pressure  of  the  gas  in  the  tank  or  cylinder,  and  with  a safety  plug  or 
plugs  which  shall  release  at  a temperature  of  350°  F. 

6.  Stamped.  Each  tank  or  cylinder  used  for  the  storage  of  gas 
under  pressure  shall  have  plainly  stamped  thereon  the  name  of  the 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


201 


manufacturer,  the  tensile  strength  of  the  material  used  in  the  con- 
struction of  the  tank  or  cylinder,  the  year  of  manufacture,  and  the 
name  or  kind  of  gas  contained  in  the  tank  or  cylinder;  and  shall  be 
identified  by  a serial  number. 

7.  Pipe4ines.  No  person  shall  transmit,  through  a pipe  from  one 
locality  to  another  within  the  city,  any  gas  compressed  to  a pressure 
greater  than  6 pounds  to  the  square  inch,  except  under  authority  of  a 
special  permit. 

§ 212.  Acetylene. — 1.  Approval  of  generator.  No  person  shall  gen- 
erate acetylene,  except  in  a generator  or  other  suitable  apparatus 
of  a type  for  which  a certificate  of  approval  shall  have  been  issued; 
provided,  however,  that  nothing  contained  in  this  section  shall  be 
construed  as  requiring  a certificate  of  approval  for  an  acetylene  gen- 
erator having  a carbide  capacity  not  exceeding  5 pounds. 

2.  Containing  building.  Each  building  or  compartment  used  for 
the  generation  and  compression  of  acetylene,  to  a pressure  greater 
than  15  pounds  to  the  square  inch,  shall  be  constructed  of  fire- 
resisting  materials  throughout,  and  shall  be  used  for  no  other  pur- 
pose. 

3.  Stationary  apparatus.  Each  stationary  apparatus  for  generating 
acetylene  shall  be  equipped  with  liquid  seals,  a safety  valve,  a blow- 
off  valve  or  other  automatic  appliance  for  limiting  the  pressure  of  the 
gas  to  not  more  than  15  pounds  to  the  square  inch  at  a temperature 
of  70°  F.  The  apparatus  shall  be  installed  in  a waterproof  com- 
partment having  the  floor,  walls  and  roof  of  brick  or  reinforced  con- 
crete. The  size  of  such  compartment  shall  not  exceed  that  required 
to  allow  the  free  operation  of  the  apparatus  and  the  storage  of  the 
necessary  carbide.  Each  such  apparatus  shall  bear  the  name  of  the 
manufacturer  and  the  year  of  its  manufacture,  and  shall  be  identified 
by  a serial  number. 

4.  Compression.  No  person  shall  compress  acetylene,  nor  trans- 
port, store  or  sell  acetylene  compressed  to  a greater  pressure  than 
250  pounds  to  the  square  inch  at  a temperature  of  70°  F. 

5.  Dissolving  and  absorbing.  No  person  shall  generate,  transport, 
store  or  sell  acetylene  compressed  to  a pressure  greater  than  15 
pounds  to  the  square  inch,  except  when  it  be  dissolved  in  acetone,  or 
other  similar  solvent  and  simultaneously  absorbed  into  asbestos  or 
other  suitable  porous  material;  and  confined  in  a tank  or  cylinder  of 
a type  for  which  a certificate  of  approval  shall  have  been  issued. 

6.  Liquid.  No  person  shall  generate,  manufacture,  transport, 
store  or  sell  any  liquid  acetylene. 

7.  Residue  of  carbide.  All  solid  residue  of  calcium  carbide  shall  be 
promptly  removed  from  the  building  and  disposed  of ; and  no  person 
shall  discharge  any  such  residue  into  a public  drain  or  sewer. 

8.  Storage  tanks.  All  tanks  and  cylinders  used  for  the  storage  of 
acetylene  under  pressure  shall  be  designed  and  constructed  to  with- 
stand a pressure  of  1,200  pounds  to  the  square  inch  without  rupture, 
and  to  withstand  a pressure  of  at  least  550  pounds  to  the  square  inch 
without  exhibiting  strain  beyond  the  point  of  usefulness.  Each 
tank  and  cylinder  used  for  the  storage  of  acetylene  under  pressure 
shall  be  tested  to  withstand  a pressure  of  500  lbs.  to  the  square  inch; 
and  no  person  shall  generate,  transport,  store  or  sell  acetylene  in  an 
apparatus,  tank  or  other  container  in  the  construction  of  which 


202  CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 

unalloyed  copper  is  used.  No  tank  or  cylinder  containing  acetylene 
in  quantities  aggregating  more  than  2,500  cubic  feet  shall  be  stored 
in  any  building  except  under  a special  permit.  Acetylene  contained 
in  tanks  or  cylinders  attached  to  vehicles  and  ready  for  use  shall  not 
be  included  in  computing  the  quantity  stored  in  any  building. 

9.  Use  in  public  entertainment.  No  person  shall  generate  acetylene 
in  connection  with  a motion  picture  show  or  exhibition  or  other 
public  entertainment. 

10.  Ventilating j heating  and  lighting.  Each  building  or  compart- 

ment used  for  the  generation  or  compression  of  acetylene  shall  be 
well  ventilated,  shall  be  heated  only  by  steam  or  hot  water,  and  shall 
not  be  artificially  lighted  except  by  electric  lights  having  airtight 
bulbs,  globes  or  tubes.  ^ 

11.  Fire  prevention.  No  stove,  forge,  torch,  boiler,  furnace,  flame 
or  fire,  and  no  electric  or  other  appliance  which  is  likely  to  produce  an 
exposed  spark  shall  be  allowed  in  any  compartment  used  for  the 
generation  or  compression  of  acetylene. 

§ 213.  Oxygen  blow-pipes. — 1.  Certificate  of  approval.  No  person 
shall  use  oxygen  and  a combustible  gas  for  heating,  melting  or 
welding,  except  in  or  through  a blow-pipe  or  other  similar  device  or 
apparatus  of  a type  for  which  a certificate  of  approval  shall  have 
been  issued. 

2.  Certificate  of  fitness.  No  person  shall  operate  a blow-pipe  or 
other  similar  device  or  apparatus  for  heating,  melting  or  welding, 
except  when  it  be  done  under  the  supervision  of  a person  holding  a 
certificate  of  fitness. 

3.  Permit.  No  person  shall  use  oxygen  in  combination  with  a 
combustible  gas,  in  or  through  a blow-pipe  or  other  similar  device,  for 
heating,  melting  or  welding,  without  a permit. 

4.  Portable  generators.  No  person  shall  use  a portable  generator  in 
any  building  for  the  purpose  of  supplying  gas  to  a blow-pipe  or  other 
similar  device  or  apparatus,  except  where  a certificate  of  approval 
for  the  generator  has  been  issued,  and  then  only,  when  a special  per- 
mit has  been  issued  for  its  use. 

ARTICLE  18 

REFRIGERATING  PLANTS 

ARTICLE  19 

NITRO-CELLULOSB 

Sec.  230.  Manufacture. 

§ 231.  Guncotton. 

§ 232.  Nitro-cellulose  products. 

§ 233.  Scraps  and  other  refuse  materials. 

§ 234.  Fire  prevention. 

Sec.  230.  Manufacture. — No  person  shall  manufacture  any  gun- 
cotton, soluble  cotton  or  any  other  product  of  nitro-cellulose. 

§ 231.  Guncotton. — No  person  shall  transport,  store,  sell,  use  or 
otherwise  handle  guncotton  in  miy  form,  either  alone  or  in  combina- 
tion with  any  other  substance  intended  to  be  used  as: 


EXPU3SIVES  AND  HAZARDOUS  TRADES 


203 


(a)  A blasting  explosive,  except  in  the  manner  provided  in  Ar- 
ticle 4 of  this  chapter; 

(b)  A propelling  charge  except  in  the  manner  provided  in  Ar- 
ticle 5 of  this  chapter. 

§ 232.  Nitro-cellulose  'products, — 1.  Permit.  No  person  shall  store 
or  keep,  manufacture  or  sell  any  nitro-cellulose  product,  as  defined 
in  § 1 of  this  chapter,  or  manufacture  any  article  therefrom  without 
a permit. 

2.  Restrictions.  No  permit  for  the  storage  of  nitro-cellulose  prod- 
ucts, except  in  quantities  less  than  100  pounds,  for  purposes  of 
manufacture  of  articles  therefrom,  shall  be  issued  for  any  building: 

(a)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  any 
building  occupied  as  a school,  theatre,  or  other  place  of  public  amuse- 
ment or  assenibly; 

(b)  Which  is  occupied  as  a tenement  house,  dwelling  or  hotel; 

(c)  Which  is  artificially  lighted  by  any  means  other  than  elec- 
tricity; 

(d)  Which  is  of  wooden  construction; 

fe)  Which  is  not  equipped  with  an  approved  system  of  automatic 
sprinklers; 

(f)  Where  paints,  varnishes  or  lacquers  are  manufactured,  stored 
or  kept  for  sale; 

(g)  Where  matches,  rosin,  turpentine,  oils,  hemp,  cotton,  or  any 
explosive,  are  stored  or  kept  for  sale. 

3.  Storage  of  raw  'material.  All  nitro-cellulose  products  in  the  form 
of  blocks,  slabs,  sheets,  rods,  tubes  or  other  shapes  to  be  used  as 
raw  material  shall  be  kept  stored  in  a fireproof  room  or  compartment, 
constructed  in  accordance  with  plans  submitted  to  and  approved 
by  the  fire  commissioner. 

4.  Supervision.  All  premises  used  for  the  storage  of  nitro-cellulose 
products,  or  for  the  manufacture  of  articles  therefrom  shall  be  con- 
tinuously under  the  care  and  supervision  of  one  or  more  persons, 
each  holding  a certificate  of  fitness  as  superintendent  or  manager 
thereof.  The  number  of  persons  required  to  hold  such  certificates 
shall  in  each  case  be  stated  in  the  permit. 

5.  Water-jet.  Whenever,  in  the  process  of  manufacturing  articles 
from  nitro-cellulose  products,  saws  or  cutting  tools  are  used  which 
are  likely  to  heat  the  material  to  the  firing  point  by  friction  or  other- 
wise, a jet  of  water  shall  continuously  play  upon  the  point  of  contact. 

§ 233.  Scraps  and  other  refuse  'materials. — 1.  Fire-proof  receptacles. 
No  permit  for  the  manufacture  of  any  article  composed  wholly  or 
in  part  of  nitro-cellulose  products  shall  be  issued  for  any  premises 
which  are  not  equipped  with  an  approved  metal  receptacle  or  con- 
tainer; and  all  scraps,  cuttings,  shavings,  sawdust  and  other  refuse 
material  of  such  products  shall  at  frequent  intervals  be  collected 
and  placed  in  such  receptacle  and  kept  continuously  immersed  in 
water. 

2.  Removal.  No  person  shall  store  or  keep  scraps,  cuttings,  shav- 
ings, sawdust  or  other  refuse  material  of  nitro-cellulose  products 
in  quantities  greater  than  350  pounds;  and  all  such  scraps,  cuttings, 
shavings,  sawdust  and  refuse  material  shall  be  immediately  removed 
and  transported  beyond  the  city  limits. 

3.  Traffic  in.  No  person  shall  collect  scraps,  cuttings,  shavings, 


204 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


sawdust  or  other  refuse  material  of  nitro-cellulose  products  for  the 
purpose  of  removing  the  same  from  the  place  of  manufacture  without 
a permit.  The  provisions  of  this  subdivision  shall  not  apply  to 
persons  holding  permits  issued  pursuant  to  § 232  of  this  chapter,  but, 
in  any  case,  aU  such  material  shall  be  placed  in  containers  of  sub- 
stantial construction,  and  not  more  than  2,000  pounds  thereof  shall 
be  transported  as  a single  wagon  or  truck  load. 

§234.  Fire  ^prevention. — 1.  Exposed  flame  or  spark.  No  heat 
other  than  steam  or  hot  water,  and  no  stove,  forge,  torch,  boiler, 
furnace,  flame  or  fire  and  no  electric  or  other  appliance  likely  to 
produce  an  exposed  spark  shall  be  allowed  in  any  room  or  compart- 
ment used  for  the  storage  of  nitro-cellulose  products,  or  in  any  room 
or  compartment  used  for  the  manufacture  of  articles  therefrom. 

2.  Fire-pails.  No  permit  for  the  manufacture  of  articles  from 
nitro-cellulose  products  shall  be  issued  for  any  premises  which  are 
not  equipped  with  at  least  1 fire  pail  to  every  2 persons  employed 
therein;  and  all  such  pails  shall  be  kept  continuously  full  of  water. 


ARTICLE  20 

INFLAMMABLE  MOTION  PICTURE  FILMS 

Sec.  240.  Permit. 

§ 241.  Restrictions. 

§ 242.  Storage-rooms. 

§ 243.  Work-rooms. 

§ 244.  Fire  prevention. 

§ 245.  Projecting  machines. 

Sec.  240.  Permit. — No  person  shall  store  or  keep  on  hand  any 
inflammable  motion  picture  films  in  quantities  greater  than  10  reek 
or  aggregating  more  than  10,000  feet  in  length,  without  a permit. 

§ 241.  Restrictions. — No  permit  for  the  storage  of  inflammable 
motion  picture  films  shall  be  issued  for  any  building — 

(a)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  any 
building  occupied  as  a school,  theatre,  or  other  place  of  public  amuse- 
ment or  assembly; 

(b)  Which  is  occupied  as  a tenement  house,  dwelling  or  hotel; 

(c)  Which  is  artificially  lighted  by  any  means  other  than  electric- 
ity; 

(d)  Which  is  of  wooden  construction; 

(e)  Which  is  not  equipped  with  an  approved  system  of  automatic 
sprinklers; 

(f)  Which  does  not  contain  one  or  more  separate  rooms  used  ex- 
clusively for  the  storage  of  such  films. 

§ 242.  Storage  rooms.  Each  room  used  for  the  storage  of  motion- 
picture  films  shall  have  the  ceiling,  waUs  and  floors  constructed  of 
brick  or  masonry,  or  completely  lined  with  a metal  lining  of  a thick- 
ness to  be  prescribed  by  the  fire  commissioner  in  each  case.  The 
doors,  window  frames  and  sash,  and  all  shelves,  furniture  and  fixtures 
of  such  rooms  shall  be  of  metal  or  other  fireproof  material,  and  all 
doors  shall  be  self-closing.  A room  for  the  storage  of  inflammable 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


205 


motion  picture  films  shall  not  be  artificially  lighted  except  by  elec- 
tric lights  having  airtight  bulbs,  globes  or  tubes  encased  in  suitable 
wire  cages  and  fitted  with  keyless  sockets. 

§ 243.  Work-rooms. — 1.  Construction  and  fittings.  All  examining, 
repairing  or  piecing  together  of  inflammable  motion  picture  films 
shall  be  done  in  a room  used  for  no  other  purpose  and  separated  from 
the  rest  of  the  building  by  fireproof  partitions  and  self-closing  fire- 
proof doors.  All  furniture  and  fittings  in  a room  where  inflammable 
motion  picture  films  are  repaired  or  pieced  together  shall  be  of  metal 
or  other  fireproof  material. 

2.  Quantity  of  film  permitted.  Not  more  than  10  reels,  nor  more 
than  10,000  feet  in  the  aggregate  of  motion-picture  films,  shall  be 
under  examination  or  repair  at  one  time;  and  each  reel  of  films  shall 
be  kept  in  a tightly  closed  metal  box  when  not  being  examined  or 
repaired. 

3.  Receptacles  for  waste.  Each  room  used  for  the  repairing  or 
piecing  together  of  inflammable  motion  picture  films  shall  contain  a 
metal  can,  wherein  all  waste  parts  and  scraps  of  such  films  shall  be 
placed  and  kept  covered  with  water. 

§ 244.  Fire  prevention. — 1.  Storage  of  cements.  No  collodion,  amyl 
acetate  or  other  similar  inflammable  cement  or  liquid  in  quantities 
greater  than  1 quart  shall  be  kept  in  a room  where  inflammmable 
motion  picture  films  are  stored  or  repaired. 

2.  Heating  appliances.  No  heat  other  than  steam  or  hot  water, 
and  no  stove,  forge,  torch,  boiler,  furnace,  flame  or  fire,  and  no 
electric  or  other  appliance  likely  to  produce  an  exposed  spark  shall 
be  allowed  in  any  room  used  for  the  storage  or  repair  of  inflammable 
motion  picture  fflms. 

§ 245.  Projecting  machines. — No  person  shall  use  for  exhibition 
purposes  within  the  city  any  inflammable  motion  picture  film  except 
in  a machine  or  apparatus  of  a type  for  which  a certificate  of  approval 
shall  have  been  issued. 

ARTICLE  21 

DISTILLED  LIQUORS  AND  ALCOHOLS 

Sec.  250.  Permit. 

§ 251.  Restrictions. 

§ 252.  Storage. 

Sec.  250.  Permit. — No  person  shall  manufacture  distilled  liquors, 
spirits  or  alcohols  of  any  kind,  by  distillation  or  rectification,  without 
a permit,  nor  shall  any  person  store  or  keep  distilled  liquors,  spirits 
or  alcohols  of  any  kind,  in  quantities  aggregating  more  than  10  bar- 
rels, of  50  gallons  each,  without  a permit. 

§ 251.  Restrictions. — No  permit  shall  be  issued  for  the  manufac- 
ture, distillation,  rectification,  or  storage,  of  distilled  liquor,  spirits  or 
alcohols,  in  any  building — 

(a)  \\^ich  is  situated  within  50  feet  of  the  nearest  wall  of  any 
building  occupied  as  a hospital,  school,  theatre  or  other  place  of 
public  amusement  or  assembly; 

(b)  Which  is  of  wooden  construction; 


20(3 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


(c)  Which  is  not  equipped  with  an  approved  fire  extinguishing 
system. 

§ 252.  Storage. — No  person  shall  store  distilled  liquors,  spirits  or 
alcohols  of  any  kind  in  excess  of  1 barrel  for  each  4 square  feet  of  floor 
space;  and  barrels  containing  liquors,  spirits  or  alcohols  shall  not  be 
stacked  more  than  two  high. 

ARTICLE  22 

OILS  AND  FATS 

Sec.  255.  Permit. 

§ 256.  Restrictions. 

Sec.  255.  Permit. — No  person  shall  store  or  keep  on  hand  any  oil, 
fat,  grease  or  soap  stock,  exceeding  the  equivalent  of  5 barrels, 
without  a permit;  provided  that  a person  who  holds  a permit,  issued 
in  conformity  with  the  provisions  of  Article  8 or  Article  23  of  this 
chapter,  shall  not  be  required  to  obtain  a permit  for  the  storage  and 
use  of  such  oils,  fats,  greases  and  soap-stock  as  may  be  incident  to 
the  business  conducted  thereunder.  No  person  shall  store  upon 
any  floor  of  a building  any  oil,  fat,  grease  or  soap-stock  exceeding  in 
weight  one-third  the  safe  bearing  capacity  of  the  floor,  as  certified  to 
by  the  bureau  of  buildings,  or  covering  when  contained  in  barrels 
or  other  containers  more  than  two-thirds  of  the  floor  space  of  such 
floor. 

§ 256.  Restrictions. — No  permit  shall  be  issued  for  the  storage  of 
oils,  fat,  greases  or  soap-stock  in  any  building  or  premises — 

(a)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  any 
building  occupied  as  a school,  hospital,  theatre,  or  any  other  place  of 
public  amusement  or  assembly; 

(b)  Which  is  occupied  as  a tenement  house  or  hotel; 

(c)  Which  is  occupied  as  a workshop  or  factory,  except  such 
workshop  or  factory  be  incident  to  the  business  of  the  applicant; 

(d)  Which  is  of  wooden  construction,  except  in  sparsely  populated 
districts,  where  it  shall  be  within  the  discretion  of  the  fire  commis- 
sioner; 

(e)  Which  is  not  equipped  with  a fire  extinguishing  system  satis- 
factory to  the  fire  commissioner; 

(f)  Where  matches  or  any  explosives  are  stored  or  kept. 


ARTICLE  23 

TECHNICAL  ESTABLISHMENTS 


Sec.  260.  Permit. 

§ 261.  Supervision. 

§ 262.  Restrictions. 

Sec.  260.  Permit. — No  person  shall  maintain  or  operate  a technical 
establishment,  as  defined  in  § 1 of  this  chapter,  without  a permit. 
Each  such  permit  shall  prescribe  the  maximum  quantity  of  explo- 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


207 


sives,  inflammable  or  combustible  materials  and  substances  to  be 
stored,  the  method  of  storing  and  using  the  same,  and  the  necessary 
rules  for  the  handling  thereof,  as  well  as  the  number  of  persons  re- 
quired to  hold  certificates  of  fitness. 

§ 261.  Supervision. — No  permit  shall  be  issued  under  this  title 
unless  the  establishment  shall  be  continuously  under  the  care  and 
supervision  of  one  or  more  persons,  each  holding  a certificate  of 
fitness  as  a superintendent  or  manager  thereof. 

§ 262.  Restrictions. — No  person  shall  store  for  use,  or  to  use  in  any 
technical  establishment  any  liquid  acetylene,  acetylide  of  copper  or 
other  metallic  acetylide;  fulminate  of  mercury,  or  any  other  fulminate 
or  fulminating  compound;  nitroglycerine;  chloride  of  nitrogen; 
amide  or  amine;  blasting  powder;  smokeless  powder;  or  gunpowder 
in  any  form;  or  any  volatile  product  of  petroleum  (except  rhigoline) 
having  a boiling  point  lower  than  60°  F. 

ARTICLE  24 

WHOLESALE  DRUG-STORES  AND  DRUG  AND  CHEMICAL  SUPPLY-HOUSES 

Sec.  270.  Special  permit. 

§ 271.  Passageways. 

§ 272.  Restrictions. 

§ 273.  Laboratory. 

§ 274.  Light  and  power. 

§ 275.  Prohibited  materials. 

§ 276.  Quantities  of  supplies  allowed. 

§ 277.  Storage. 

§ 278.  Supervision. 

§ 279.  Fire  prevention. 

Sec.  270.  Special  permit.  No  person  shall  maintain  or  operate  a 
wholesale  drug-store  or  drug  and  chemical  supply  house,  as  defined 
in  § 1 of  this  chapter,  without  a special  permit. 

§ 271.  Passageways. — On  each  floor  of  a building  occupied  as  a 
wholesale  drug  store  or  drug  and  chemical  supply  house,  there  shall 
be  maintained,  at  distances  not  exceeding  15  feet  apart  nor  more  than 
15  feet  from  either  wall,  open  and  unobstructed  passageways  at  least 
three  feet  wide  extending  the  entire  length  of  the  floor;  and  there 
shall  be  also  maintained  similar  passageways  running  the  entire 
width  of  the  floor,  the  distance  between  which  or  from  walls  shall  not 
exceed  25  feet. 

§ 272.  Restrictions. — No  permit  shall  be  issued  for  a wholesale 
drug  store  or  drug  and  chemical  supply-house  in  any  building: 

(a)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  any 
building  which  is  occupied  as  a school,  hospital,  theatre,  or  other 
place  of  public  amusement  or  assembly; 

(b)  Which  is  occupied  as  a tenement  house  or  hotel; 

(c)  Which  is  occupied  as  a workshop  or  factory,  except  such  work- 
shop or  factory  is  incident  to  the  business  of  the  applicant;  or  except 
in  buildings  constructed  of  fire  resisting  materials  throughout,  and 
when  the  portion  of  such  building  occupied  by  the  applicant  is  sep- 
arated from  the  rest  of  the  building  by  fireproof  walls  and  floors; 


208  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

(d)  Which  is  not  equipped  with  a fire  extinguishing  system  ap- 
proved by  the  fire  commissioner; 

(e)  Which  is  of  wooden  construction. 

§273.  Laboratory. — 1.  Construction.  The  operation  of  compound- 
ing medicinal  preparations,  proprietary  articles  and  similar  materials, 
or  analyzing  or  testing  drugs,  chemicals,  medicinal  preparations, 
proprietary  articles  and  similar  materials,  when  explosive  or  inflam- 
mable substances  are  required,  shall  be  conducted  only  in  a room 
or  part  of  the  premises  separated  from  the  rest  of  the  building  by 
fireproof  walls  and  floors  and  having  all  openings  thereto  fitted  with 
self-closing  fireproof  doors  and  windows. 

2.  Heating.  In  laboratory  operations  where  volatile  inflammable 
oils  or  liquids  are  used  as  solvents  or  otherwise  in  compounding, 
dispensing  or  preparing  medicinal  preparations,  proprietary  articles 
and  similar  materials,  or  in  recovering  such  solvents  by  distillation, 
the  source  of  heat  employed  shall  be  hot  water,  steam  or  electricity 
only;  the  use  of  an  open  flame  of  any  kind  being  expressly  forbidden. 

§ 274.  Light  and  power. — 1.  Light.  No  system  of  artificial  lights, 
other  than  incandescent  electric  lights,  shall  be  installed  in  a whole- 
sale drug  store  or  drug  and  chemical  supply  house,  unless  of  a type 
for  which  a certificate  of  approval  shall  have  been  issued.  Cellars 
and  basements  shall  be  provided  with  a sufficient  number  of  incan- 
descent lights  to  insure  proper  illumination  throughout.  Such 
lights  shall  be  fitted  with  keyless  sockets  and  shall  be  controlled  by 
a switch  or  switches,  located  at  or  near  the  entrance  to  the  cellar 
or  basement  on  the  grade  floor,  with  a sign  at  such  switch  or  switches 
reading  ‘‘Control  of  Basement  Lights.”  The  number  of  such  lights 
and  the  location  thereof  shall  be  stated  in  the  permit.  In  addition 
to  the  lights  herein  provided  for,  there  may  be  installed  in  a cellar 
or  basement  such  number  of  individual  incandescent  lights  with 
keyless  sockets  as  may  be  required,  provided  they  are  controlled 
by  an  independent  circuit. 

2.  Power.  No  electric  dynamo,  motor  hoist  or  other  electric  ap- 
pliance likely  to  produce  an  exposed  spark,  shall  be  allowed  in  a 
room  or  compartment  of  a wholesale  drug  store  or  drug  and  chemical 
supply  house,  unless  it  be  protected  in  such  manner  as  is  prescribed 
by  the  fire  commissioner. 

§ 275.  Prohibited  materials. — No  person  shall  manufacture  or 
store  in  a wholesale  drug  store  or  drug  and  chemical  supply  house 
any  of  the  following  substances: 

1.  Acetylide  of  copper; 

2.  Amide  of  amine  explosive; 

3.  Chloride  of  nitrogen; 

4.  Colored  fire  in  any  form; 

5.  Cymogene  or  any  volatile  product  of  petroleum  (except 

rhigoline)  or  coal  tar  having  a boiling  point  lower  than  60 
degrees  Fahrenheit; 

6.  Flashlight  powders; 

7.  Fulminate  or  any  fulminating  compound; 

8.  Guncotton; 

9.  Gunpowder  in  any  form; 

10.  Liquid  acetylene. 

11.  Nitro-glycerine,  except  in  official  U.  S.  Pharmacopoeia  solu- 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


209 


tion,  or  in  form  of  pills,  tablets,  or  granules  containing  not 
more  than  l-50th  of  a grain  each; 

12.  Picrates; 

13.  Potassium  chlorate  in  admixture  with  organic  substances 

or  with  phosphorus  or  sulphur;  provided  that  this  restric- 
tion shall  not  apply  to  the  manufacture  or  storage  of  tablets 
of  chlorate  of  potash  intended  for  use  solely  for  medicinal 
purposes; 

14.  Rubber  shoddy. 

§ 276.  Quantities  of  supplies  allowed. — No  permit  shall  be  issued 
for  the  storage  in  a wholesale  drug  store  or  drug  and  chemical  supply 
house  of  any  of  the  following  substances  in  quantities  greater  than 
those  set  forth  in  the  following  schedule: 

1.  Explosives. 

Amyl  nitrate  in  bottles 25  pounds 

Amyl  nitrate  in  pearls 100  gross 

Carbon  bisulphide 50  pounds 

Collodions 100  pounds  in  all 

Gases,  liquefied: 

Anhydrous  ammonia 2 cylinders 

Carbon  dioxide 2 cylinders 

Nitrous  oxide 2 cylinders 

Oxygen 2 cylinders 

Sulphur  dioxide 2 cylinders 

Nitroglycerine,  1 per  cent,  solution  in  al- 
cohol   20  pounds 

Picric  acid 25  pounds 

Soluble  cotton 25  pounds  in  all 

2.  Volatile  inflammable  liquids  {insoluble). 

Benzine,  benzole  or  naphthas  of  any  kind  150  gallons  in  all 

Coal  tar 1 barrel 

Coal  tar  oils  (heavy) 10  barrels 

Crude  petroleum 1 barrel 

Ethyl  chloride  and  other  ethers 200  pounds  in  all 

Ether,  nitrous 100  pounds  in  5-pound 

package  or  less 

Ether,  sulphuric 500  pounds 

Rhigoline 2 dozen  1-pound  tins 

Varnishes,  lacquers,  etc 275  gallons  in  all 

Wood  creosote 5 barrels 

3.  Volatile  inflammable  liquids  {soluble). 

Acetone 1 barrel 

Alcohol,  denatured 10  barrels 

Alcohol,  ethyl 10  barrels 

Alcohol,  methyl 10  barrels 

Aldehyde,  ethyl 5 gallons 

4.  Non-volatile  inflammable  liquids  {insoluble). 

Amyl  acetate 10  barrels 

Anayl  alcohol 10  barrels 

Aniline  oil 5 drums 

Cumol 5 barrels 

Essential  oils 10,000  pounds  in  all 

Kerosene.  1 barrel 

14 


210 


CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 


Nitrobenzole 5 drums 

Terebene 100  pounds 

Turpentine 10  barrels 

Toluol 350  pounds 

Xylol 100  pounds 

5.  Non-volatile  inflammable  liquids  (soluble). 

Glycerine 5,000  pounds 

6.  Combustible  solids. 

Metallic  magnesium 100  pounds 

Phosphorus 11  pounds 

Phosphorus,  red 11  pounds 

Sulphur 25  barrels  in  all 

7.  GumSy  resins,  pitch,  etc. 

Burgundy  pitch 5,000  pounds 

Camphor 8,000  pounds 

Gum  thus 5 barrels 

Naphthaline 50  barrels  in  all 

Pitch  (coal  tar  pitch) 2 barrels 

Resins,  balsams  and  other  varnish  gums  8,000  pounds  in  all 

Rosin 5 barrels 

Shellac 2,500  pounds 

Stockholm  tar 1,000  pounds 

Tar  refined  (wood) 10  barrels 

Venice  turpentine 2,000  pounds 

8.  Combustible  flbres  and  powders  (vegetable). 

Cotton,  absorbent 2,000  pounds 

Cotton  batting 10  bales 

Excelsior 25  bales 

Flax 20  bales 

Jute 25  bales 

Lampblack 10  barrels 

Lycopodium 2,000  pounds 

Oakum 2 bales 

Pulverized  charcoal 10  barrels 

Sawdust 15  bags 

Straw,  packing 10  bales 

9.  Dangerously  corrosive  acids. 

Anhydrous  acetic 500  pounds 

Carbolic 15,000  pounds 

Glacial  acetic 2,000  pounds 

Hydrochloric 15  carboys 

Hydrofluoric 500  pounds 

Sulphuric 15  carboys 

10.  Adds. 

Chromic 100  pounds 

Iodic 5 pounds 

Nitric 3 carboys 

Nitric,  fuming 25  pounds 

Periodic 2 pounds 

11.  Peroxides. 

Barium 2 casks 

Calcium 100  pounds 

Hydrogen,  U.  S.  P 5,000  pounds 


EXPLOSIVES  AND  HAZARDOUS  TRADES  211 

Other  hydrogen  peroxides,  over  3 per 

cent.,  not  to  exceed  15  per  cent 500  pounds 

Potassium 10  pounds 

Sodium 25  pounds 

12.  Chlorates. 

Barium . 500  pounds 

Other  metallic 100  pounds  in  all 

Potassium 1,000  pounds 

Sodium 1,000  pounds 

13.  Perchlorates. 

Potassium 10  pounds 

Other  metallic  perchlorates 10  pounds  in  all 

14.  Permanganates. 

Potassium 1,000  pounds 

Sodium 100  pounds 

Other  metallic  permanganates 100  pounds  in  all 

15.  Nitrates. 

Barium 1,200  pounds 

Bismuth  subnitrate 2,500  pounds 

Cobalt 1,000  pounds 

Copper 100  pounds 

Iron,  ferric 200  pounds 

Mercury  (mercuric) 100  pounds 

Mercury  (mercurous) 10  pounds 

Potassium 2,000  pounds 

Silver 50  pounds 

Sodium 1,000  pounds 

Strontium 1,200  pounds 

Other  metallic 500  pounds  in  all 

16.  Metallic  oxides. 

Lead  binoxide 25  pounds 

Lead  (litharge) 1,200  pounds 

Lead  (red) 500  pounds 

Mercury;  yellow  precipitate  (mercurous)  200  pounds 
Mercury;  red  precipitate  (mercuric)  . . . 100  pounds 

Silver 10  pounds 

17.  Substances  made  dangerous  by  contact  with  other  substances. 

Calcium  carbide 60  pounds 

Metallic  potassium 5 pounds 

Metallic  sodium 5 poimds 

All  other  metals  of  the  alkalies  or  alkalone 

earths 5 pounds  in  all 

Phosphides 10  pounds 

Unslaked  lime 2 barrels 

Zinc  dust 100  pounds 

The  fire  commissioner  may,  by  special  supplemental^  permit, 
authorize  the  storage  of  greater  quantities  of  substances  than  those 
named  in  the  foregoing  schedule,  or  the  storage  of  other  substances 
not  specified  therein. 

§ 277.  Storage. — 1.  Chemical  affinity.  No  person  shall  store 
chemicals  in  close  proximity  to  each  other  when  they  are  of  an 
explosive  nature,  or  when  one  increases  the  energy  of  decom- 
position of  the  other,  or  when  they  are  so  constituted  that 


212 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


they  may  react  upon  one  another  and  become  explosive  or  in- 
flammable. 

2.  Liquids.  The  storage  of  acids  or  liquid  chemicals  so  constituted 
that  there  is  danger  of  explosion  or  combustion  by  their  flowing  into, 
upon,  or  among  chemicals  or  other  substances,  shall  be  provided  with 
safety  catch  basins  or  other  equivalent  device,  so  that  in  case  of  the 
leakage  of  containers  of  such  acids  or  liquids  the  same  shall  not 
constitute  danger  to  life  or  property.  Carboys  containing  nitric 
acid  shall  be  stored  only  on  brick,  concrete  or  asphalt  floors,  and  in  a 
vault  or  vaults  situated  below  the  street  level;  and  it  shall  be  unlawful 
to  permit  sawdust,  hay,  excelsior,  any  organic  substance,  or  other 
acids  or  chemicals  in  close  proximity  to  such  carboys  or  stocks  of 
nitric  acid.  A sufficient  quantity  of  sand  or  infusorial  earth  shall  be 
provided  for  absorbing  all  waste  liquids  from  floors. 

3.  Volatile  inflammable  oil.  Volatile  inflammable  oils,  or  liquids 
containing  volatile  inflammable  oil,  shall  be  stored  in  conformity  with 
the  provisions  of  Articles  8,  9 and  10  hereof. 

§ 278.  Supervision. — Each  wholesale  drug  store  or  drug  and 
chemical  supply  house  shall  be  continuously  under  the  care  and 
supervision  of  one  or  more  persons,  each  holding  a certificate  of 
fitness  as  manager  or  superintendent  or  foreman  thereof.  The  num- 
ber of  persons  required  to  hold  such  certificates  shall  be  stated  in  the 
permit. 

§ 279.  Fire  prevention. — 1.  Combustible  waste.  No  person  shall 
store  or  accumulate  broken  wood,  waste  paper  or  waste  packing 
material  of  any  kind  in  any  part  of  the  building  where  goods  are 
packed  or  unpacked;  such  material  shall  be  removed  at  the  close  of 
each  day.  Empty  barrels,  drums  or  containers  from  which  volatile 
inflammable  oil  or  other  inflammable  liquid  has  been  taken,  shall  be 
removed  from  the  premises  as  soon  as  possible,  and  in  no  case  shall 
they  be  stored  therein  more  than  24  hours. 

2.  Matches.  No  person  shall  keep  or  carry  matches  in  a cellar  or 
in  a packing  room  of  a wholesale  drug  store  or  drug  and  chemical 
supply  house,  or  in  any  part  of  the  premises  where  volatile  inflamma- 
ble oils  or  highly  combustible  substances  are  stored  or  handled. 

3.  Packing  rooms.  Packing  rooms  shall  be  located  as  reinotely  as 
practicable  from  large  stocks  of  stored  goods;  and  the  packing  room 
floor  shall  be  kept  as  free  as  possible  from  hay,  excelsior  and  other 
combustible  packing  material  during  work  hours.  At  the  close  of 
each  day,  tables,  floors  and  all  parts  of  the  packing  room  shall  be 
swept  clean  of  such  materials,  and  the  sweepings  gathered  into  a 
metal  box  or  other  proper  receptacle,  which  shall  be  kept  closed  at 
night. 


ARTICLE  25 

RETAIL  DRUG  STORES 

Sec.  290.  Permit;  restrictions. 

§ 291.  Quantities  of  supplies  allowed. 

§ 292.  Storage. 

§ 293.  Fire  prevention. 


EXPLOSIVES  AND  HAZARDOUS  TRADES  213 

Sec.  290.  Permit;  restrictions. — No  person  shall  maintain  or  op- 
erate a retail  drug  store,  as  defined  in  § 1 of  this  chapter,  without  a 
permit,  but  no  such  permit  shall  be  issued  authorizing  the  manufac- 
ture, compounding,  dispensing  or  storing  of  any  of  the  drugs  or 
chemicals  specified  in  § 275  of  this  chapter. 

§ 291.  Quantities  of  supplies  allowed. — No  permit  shall  be  issued 
for  the  storage,  sale  or  use  in  a retail  drug  store  of  any  of  the  following 
substances  in  quantities  greater  than  those  set  forth  in  the  following 


schedule: 

1.  Adds. 

Carbolic 100  pounds 

Hydrochloric 200  pounds 

Nitric 15  pounds 

Picric 1 ounce 

Sulphuric 200  pounds 

2.  Volatile  inflammable  liquids. 

Acetone 5 pounds 

Amyl  acetate 1 gallon 

Amyl  alcohol 1 gallon 

r 2 ounces  in  1-ounce 

Amyl  nitrate ] bottles 

[ 6 dozen  pearls 

Ethyl  alcohol 1 barrel 

Benzine,  benzole  and  naphtha  of  any  kind . 5 gallons  in  4-ounce 

bottles  or  pint 
tins 

Carbon  bisulphide 3 pounds 

Collodion 5 pounds 

Denatured  alcohol 1 barrel 

Ether,  sulphuric 5 pounds 

Methyl  alcohol 1 barrel 

Other  ethers,  in  all 2 pounds 

Turpentine 1 barrel 

3.  Inflammable  liquids. 

Essential  oils 100  pounds  in  all 

Glycerine 500  pounds 

Pine  tar 10  pounds 

4.  Combustible  solids. 

Aluminum  (powder) 1 pound 

Balsams  and  resins 50  pounds  in  all 

Camphor 350  pounds 

Charcoal,  powdered 10  pounds 

Lamp  black 10  pounds 

Magnesium  (powder) 8 ounces 

Magnesium  (ribbon) 8 ounces 

Naphthalene 4 barrels 

Phosphorus,  red 2 ounces 

Phosphorus,  yellow 1 ounce 

Rosin 10  pounds 

Sulphur  and  brimstone 250  pounds  in  all 

5.  Combustible  fibres. 

Cotton,  absorbent 150  pounds  in  cartons 

Cotton,  batts 10  pounds  in  closed 


214 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


boxes  or  other 
containers 

Cotton,  loose 6 pounds  in  closed 

boxes  or  other 
containers 

Excelsior,  hay  and  straw 2 bales  (except  in 

stores  located  in 
tenement  houses) 

Lint 10  pounds  in  closed 

boxes  or  other 
containers 

Oakum 10  pounds  in  closed 

boxes  or  other 
containers 

6.  Oxidizers. 

Barium  peroxide 1 pound 

Bismuth  subnitrate 20  pounds 

Calcium  peroxide 5 pounds 

Chromic  acid 1 pound 

Lead  oxide  (red) 5 pounds 

Lime,  unslaked 200  pounds  in  sealed 

metal  cans 

All  other  metallic  bichromates  or  chromates  50  pounds  in  all 

Mercuric  oxide  (red) 2 pounds 

Mercurous  oxide 2 pounds 

Mercury  nitrate 1 pound 

Phosphides 10  ounces  in  all 

Potassium  bichromate 10  pounds 

Potassium  chlorate 25  pounds  in  5-pound 

containers  or  less 

Potassium  nitrate 50  pounds 

Potassium  perchlorate 1 ounce 

Potassium  permanganate 5 pounds 

Silver  nitrate 1 pound 

Silver  oxide 1 ounce 

Sodium  bichromate 10  pounds 

Sodium  chlorate 5 pounds 

Sodium  nitrate 25  pounds 

Sodium  permanganate 1 pound 


The  storage  of  larger  quantities  of  substances  than  those  set  forth 
in  the  foregoing  schedule,  or  of  other  explosives  or  inflammable 
substances  not  specifically  named  therein,  may  be  authorized  by 
special  permit. 

§ 292.  Storage. — 1.  Chemical  affinities.  No  person  shall  store 
chemicals  in  close  proximity  to  each  other  when  they  are  of  an 
explosive  nature,  nor  when  one  increases  the  energy  of  decomposition 
of  the  other,  nor  when  they  are  so  constituted  that  they  may  react 
upon  one  another  and  become  explosive  or  inflammable; 

2.  Volatile  inflammable  oils.  No  person  shall  manufacture,  com- 
pound, store  or  dispense  volatile  inflammable  oil,  or  substances  con- 
taining volatile  inflammable  oil,  except  under  the  conditions  pre- 
scribed in  Articles  8,  9 and  10  of  this  chapter. 

§ 293.  Fire  prevention. — 1.  Combustible  waste.  No  person  shall 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


215 


store  or  accumulate  broken  wood,  waste  paper,  or  waste  packing 
material  of  any  kind,  in  any  part  of  the  premises  where  goods  are 
packed  or  unpacked.  Such  materials  shall  be  removed  at  the  close  of 
the  day. 

2.  Lighting.  Cellars  and  basements  used  by  retail  drug  stores 
shall  be  provided  with  a sufficient  number  of  incandescent  electric 
lights  to  insure  proper  illumination  throughout.  Such  lights  shall  be 
fitted  with  keyless  sockets  and  shall  be  controlled  by  a switch  or 
switches,  located  at  or  near  the  entrance  to  such  cellar  or  basement 
on  the  grade  floor,  with  a sign  at  such  switch  or  switches  reading 
“Control  of  Basement  Lights.”  The  number  of  such  lights  shall  be 
determined  by  the  fire  commissioner  and  stated  in  the  permit.  In 
addition  to  the  lights  herein  provided  for,  there  may  be  installed  such 
individual  lights  as  may  be  required,  provided  that,  if  electric  lights, 
they  shall  be  controlled  by  an  independent  circuit. 


ARTICLE  26 

MISCELLANEOUS 

Sec.  300.  Violations. 

Sec.  300.  Violations. — Any  person  who  shall  willfully  violate  or 
neglect  or  refuse  to  comply  with  any  provision  of  this  chapter,  shall, 
upon  conviction,  be  punished  by  a fine  of  not  more  than  $500,  or  by 
imprisonment  not  exceeding  6 months,  or  by  both  such  fine  ana 
imprisonment. 


216  CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 


CHAPTER  11 
Fire-Arms 

Article  1.  General  provisions. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Pistols  or  revolvers,  keeping  or  carrying. 

§ 2.  Discharge  of  small-arms. 

§ 3.  Sale  of  toy-pistols. 

§ 4.  Cannon  firing. 

§ 5.  Violations. 

Sec.  1.  Pistols  or  revolvers;  keeping  or  carrying, — Every  person  to 
whom  a license  shall  be  granted  to  have  and  possess  a pistol  or 
revolver  in  a dwelling  or  place  of  business  in  the  city  shall  pay  there- 
for an  annual  fee  of  $1.  Every  person  to  whom  a license  shall  be 
granted  to  have  and  carry  concealed  a pistol  or  revolver  in  the  city 
shall  pay  therefor  an  annual  fee  of  $2.50;  provided,  that  no  fee  shall 
be  charged  or  collected  for  a license  to  have  and  carry  concealed  a 
pistol  or  revolver  which  shall  be  issued  upon  the  application  of  the 
commissioner  of  correction,  or  the  warden  or  superintendent  of  any 
prison,  penitentiary,  workhouse  or  other  institution  for  the  detention 
of  persons  convicted  or  accused  of  crime  or  offense,  or  held  as  witnesses 
in  criminal  cases  in  the  city.  The  fees  prescribed  by  this  section  shall 
be  collected  by  the  officials  issuing  the  licenses  referred  to  herein  and 
shall  be  paid  by  them  into  the  police  pension  fund,  and  a return  in 
detail  shall  be  made  monthly  to  the  comptroller  by  such  officials  of 
the  fees  so  collected  and  paid  over  by  them. 

See  the  “Sullivan  Law,”  L.  1914,  ch.  460,  § 1897,  Penal  Law. 

§ 2.  Discharge  of  small-arms. — No  person  shall  fire  or  discharge 
any  gun,  pistol,  rifle,  fowling-piece  or  other  fire-arms  in  the  city;  pro- 
vided that  the  provisions  of  this  section  shall  not  apply  to  the  follow- 
ing places: 

1.  In  the  Borough  of  Manhattan. — Harlem  River  Park;  the  dock  at 
the  foot  of  One  Hundred  and  Fifty-fifth  street.  North  River;  the 
property  of  the  Fort  Washington  Rifle  Club;  the  Manhattan  Casino, 
One  Hundred  and  Fifty-fifth  street  and  Eighth  avenue;  Fort  George 
Park,  Amsterdam  avenue.  One  Hundred  and  Ninety-fourth  to  One 
Hundred  and  Ninety-seventh  street;  the  Manhattan  Field,  Eighth 
avenue.  One  Hundred  and  Fifty-fifth  to  One  Hundred  and  Fifty- 
seventh  street;  Speedway  Clay  Pigeon  Club,  Two  Hundred  and 
Sixth  street  and  the  Harlem  river;  Madison  Square  Garden;  New 
York  Motor  Boat  Club,  One  Hundred  and  Forty-seventh  street  and 
Hudson  river;  Grand  Central  Palace,  on  Lexington  ave.,  between 
46  th  and  47  th  streets; 


FIRE-ARMS 


217 


2.  In  the  Borough  of  The  Bronx. — Zeltner’s  Park,  Third  avenue  and 
One  Hundred  and  Seventieth  street;  Berkeley  Oval,  Burnside 
avenue,  between  Sedgwick  avenue  and  Macornbs  Dam  road;  Pioneer 
Park,  Stebbins  avenue;  Columbia  College  Gun  Club,  in  Williams- 
bridge;  the  Country  Club,  on  Eastchester  Bay;  the  Kingsbridge 
Gun  Club;  the  Melrose  Shooting  Club,  at  Berettos  Point;  grounds  of 
Frank  Strassburg,  Broadway  and  Myers  road.  Van  Cortlandt;  Blue 
Rock  Rod  and  Gun  Club,  Southern  boulevard  and  One  Hundred  and 
Fifty- third  street;  Craig  Lea  Rod  and  Gun  Club,  Pelham  bay; 
Transit  Rod  and  Gun  Club,  Lafayette  avenue  and  the  Bronx  river; 
the  grounds  of  the  Pelham  Gun  Club,  foot  of  E.  Scofield  st..  City 
Island;  the  grounds  of  the  Harlem  Yacht  Club  on  John  st.,  near 
Ditmars  st..  City  Island;  the  grounds  of  the  Powhattan  Rifle  Team 
on  the  S.  E.  side  of  Westchester  ave.,  lying  in  between  Watson  lane 
and  the  Bronx  River;  the  grounds  of  the  City  Island  Yacht  Club,  at 
the  foot  of  Cross  st..  City  Island;  the  grounds  of  the  Clausen  Point 
Rod  and  Gun  Club,  at  Higg's  Beach,  Clausen  Point;  the  grounds  of 
the  Pleasant  Bay  Gun  Club  at  Morris’  Cove,  Ferry  Point  Road, 
Unionport;  the  grounds  of  the  Klondike  Club,  on  the  west  shore  of 
East  Chester  Bay  near  Weir  Creek,  Throggs  Neck. 

3.  In  the  Borough  of  Brooklyn. — The  grounds  of  the  Bergen  Beach 
Gun  Club,  in  Bergen  Beach;  Westminster  Gun  Club,  on  Mill  Island; 
the  Parkway  Driving  Club;  the  Canarsie  Gun  Club;  the  grounds 
of  the  Nassau  Field  and  Gun  Club,  an  open  space  four  blocks  in 
dimension  lying  S.  E.  from  Parker  st.  and  Porter  ave.;  the  grounds 
of  the  Bensonhurst  Yacht  Club,  at  the  foot  of  22d  ave.,  facing  Graves- 
end Bay;  the  grounds  of  the  Bay  View  Gun  Club,  in  the  meadow 
lands,  southeast  corner  of  Cleveland  street  and  Vandalia  avenue. 
New  Lots;  the  grounds  of  the  Bensonhurst  Yacht  Club,  located  at 
the  foot  of  Bay  25th  street,  and  known  as  the  Nostrand  Homestead; 

4.  In  the  Borough  of  Queens. — The  Ideal  Rod  and  Gun  Club, 
the  Columbia  Rod  and  Gun  Club,  and  the  Frog  Inn  Gun  Club,  in 
Springfield;  the  Queens  County  Gun  Club;  Gosman’s  Farm,  on 
Middleburg  avenue;  Hillside  Rod  and  Gun  Club,  Flushing;  Seawan- 
haka  Rod  and  Gun  Club,  Crotona;  the  Bohemian  Gun  Club,  Bel- 
videre  Park,  2d  ward;  Oakland  Gulf  Club,  Bayside  and  meadow  land 
on  Flushing  creek;  Cypress  Hills  Park,  Evergreen;  the  grounds  of 
the  Rockaway  Gun  Club  at  the  foot  of  Seaview  avenue  and  Northern 
boulevard,  Edgemere;  the  grounds  of  the  Stimmel  Rod  and  Gun 
Club,  foot  of  Bayside  ave.,  Whitestone;  the  grounds  of  the  Bayside 
Yacht  Club  on  Little  Neck  bay;  the  grounds  of  the  College  Point 
Gun  Club  in  the  meadow  lands  at  the  southeast  corner  of  College 
Point  causeway  and  11th  avenue.  College  Point;  the  grounds  of 
the  Long  Island  Rifle  Club  at  Rosedale  avenue  and  Foster’s  Meadow 
road,  Rosedale;  the  grounds  of  the  Queens  Club  (Incorporated) 
in  Queens;  the  grounds  of  the  Forest  Hills  Country  Club,  on  the 
Flushing  meadow  at  the  southwest  corner  of  Ibis  st.,  and  Water- 
edge  ave..  Forest  Hills;  the  grounds  occupied  by  Company  I,  Tenth 
Infantry,  N.  G.,  N.  Y.,  known  as  Grawlo  Farm  and  the  Bedell  farm, 
at  Flushing;  Witzell’s  Grove,  at  College  Point;  the  several  grounds 
of  the  Rosedale  Gun  Club,  the  Prospect  Gun  Club  and  the  Nassau 
Gun  Club,  located  on  Hook  creek;  the  grounds  of  the  Little  Neck 
Yacht  Club,  located  at  the  sandpit  on  Little  Neck  bay;  the  grounds 


218  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

of  the  Kissena  Rod  and  Gun  Club,  located  near  the  head  of  Vleigh 
road,  about  one  hundred  yards  east  of  Jamaica  avenue,  Flushing. 

5.  In  the  Borough  of  Richmond. — Fox  Hills  Gun  Club,  in  Clifton* 
premises  of  Antonio  Lazzeri,  Rosebank;  Nunley's  Railroad  Hotel  and 
Casino,  South  beach;  premises  of  David  Crabb,  Linoleum ville; 
Aquehonga  Gun  Club,  Mill  road,  Richmond  Valley;  the  Bedell 
Estate  and  Smith  Farm,  Annadale;  the  Rosenberg  Estate,  West 
New  Brighton;  the  Robin  Hood  Gun  Club,  4th  ward;  Westerleigh 
Men's  Club,  south  of  Main  st..  West  New  Brighton;  the  grounds 
of  The  Aus-Per-Ite  Gun  Club  on  the  westerly  side  of  Parkinson  ave., 
north  of  Old  Town  Road,  along  the  line  of  St.  Mary's  Cemetery, 
Grasmere;  the  grounds  of  the  Great  Kills  Yacht  Club,  located  at 
Great  Kills,  4th  ward;  the  pounds  of  the  Richmond  County  Agri- 
cultural Society,  Dongan  Kills;  the  grounds  of  the  Northfield  Gun 
Club  on  Old  Stone  park,  Graniteville,  3d  ward;  the  grounds  of  the 
Staten  Island  Gun  Club,  located  between  Richmond  Turnpike 
and  the  woods  leading  to  Willowbrook  road  on  land  known  as  the 
“Mulvaney  Property,"  2d  ward;  the  field  of  the  West  End  Gun 
Club,  situated  on  Woodrow  road,  midway  between  Huguenot  avenue 
and  Foster  road.  Huguenot;  the  grounds  assigned  to  the  use  of  the 
Boys'  Brigade  on  the  Cole  Farm  at  Great  Kills. 

§ 3.  Sale  of  toy-pistols. — No  person  shall  sell  or  dispose  of  to  a 
minor  any  toy-pistol  or  pistol  that  can  be  loaded  with  powder  and 
ball  or  blank  cartridge  to  be  exploded  by  means  of  metal  caps;  but 
nothing  herein  contained  shall  apply  to  the  sale  or  disposal  of  what 
are  known  as  firecracker  pistols,  torpedo  pistols  or  such  pistols  as 
are  used  for  the  explosion  of  paper  caps. 

§ 4.  Cannon  firing. — No  member  of  a military  organization  nor 
any  other  person  shall  discharge  a cannon  or  other  piece  of  artillery, 
without  a permit  from  the  mayor  so  to  do;  but,  in  no  case  shall  the 
calibre  of  the  cannon  or  other  piece  of  artillery  discharged  or  fired 
exceed  that  of  a 4-pounder.  The  provisions  of  this  section,  except 
that  relating  to  the  calibre  of  the  gun,  shall  not  be  operative  on 
July  4th,  in  each  year. 

§ 5.  Violations. — ^Any  person  who  shall  willfully  violate  any  provi- 
sion of  this  chapter,  shall,  upon  conviction,  be  punished  by  a fine  of 
not  more  than  $50,  or  by  imprisonment  not  exceeding  30  days,  or 
by  both  such  fine  and  imprisonment. 


FIRES  AND  FIRE  PREVENTION 


219 


CHAPTER  12 
Fires  and  Fire  Prevention 

Article  1.  Fire  extinction. 

2.  Fire  prevention. 

ARTICLE  1 

FIRE  EXTINCTION 

Sec.  1.  Jurisdiction  over  harbor  fires. 

§ 2.  Idle  or  suspicious  persons  may  be  dispersed. 

§ 3.  Fire  hose;  hose  bridges. 

§ 4.  Fire-hydrants. 

§ 5.  Fire-alarm  telegraph. 

§ 6.  Street-fires,  permits  required. 

§ 7.  Violations. 

Sec.  1.  Jurisdiction  over  harbor  fires. — In  case  of  fire  occurring 
on  any  vessel  in  the  port  of  New  York,  or  in  or  upon  any  dock, 
wharf,  pier,  warehouse,  building  or  other  structure  bordering  upon 
or  adjacent  to  said  port,  full  power  and  authority  to  direct  and 
command  the  operation  of  extinguishing  said  fire,  and  to  take  the 
necessary  precautions  to  prevent  communication  thereof  to  the  ship- 
ping in  said  port  or  to  the  docks,  wharves,  piers,  warehouses  or 
other  buildings  or  structures  bordering  upon  or  adjacent  thereto, 
shall  be  vested  in  the  fire  department  of  the  city.  The  officers  of  the 
fire  department,  in  charge  at  the  scene  of  any  such  fire,  shall  have 
full  power  and  authority  to  direct  the  operation  of  extinguishing 
the  same,  and  to  take  the  necessary  precautions  to  prevent  the 
communication  thereof  to  the  shipping  in  said  port,  or  to  any  docks, 
wharves,  piers,  warehouses  or  other  buildings  or  structures  bordering 
upon  or  adjacent  thereto;  and,  in  the  course  of  such  operation,  they 
may  prohibit  the  approach  to  such  fire,  or  to  a vessel,  dock,  wharf, 
pier,  warehouse  or  other  building  or  structure  in  danger  therefrom, 
of  any  tugboat  or  other  vessel,  or  of  any  person;  or  may  remove,  or 
cause  to  be  removed  and  kept  away  from  the  vicinity  of  such  fire, 
all  tugboats  or  other  vessels,  all  idle  and  suspicious  persons  and  all 
persons  not  fit  to  be  employed,  or  not  actually  and  usefully  employed, 
in  their  judgment,  in  aiding  the  extinguishing  of  such  fire  or  in  the 
preservation  of  property  in  the  vicinity  thereof.  No  person  shall 
in  any  way  obstruct  the  operations  of  the  fire  department  in  con- 
nection with  any  harbor  fire,  nor  disobey  any  lawful  command  of 
the  officers  of  the  department,  in  charge  at  the  scene  of  such  fire,  or 
of  the  police  in  co-operating  with  them;  provided,  that  nothing  in 
this  section  contained  shall  be  construed  to  limit  the  authority  of 
the  master  or  officers  of  any  vessel,  on  fire  or  in  danger  from  fire, 
subject  to  the  general  authority  granted  herein  of  the  department 
to  control  operations  in  the  protection  of  the  public  interests.  (Char- 
ter, § 756.) 


220 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 2.  Idle  or  suspicious  persons  may  he  dispersed. — During  the 
actual  prevalence  of  any  fire,  the  officers  of  the  police  and  fire  de- 
partment shall  remove,  or  cause  to  be  removed  and  kept  away  from 
the  vicinity  of  such  fire,  all  idle  and  suspicious  persons,  and  all  per- 
sons not  fit  to  be  employed,  or  not  actually  and  usefully  employed 
in  aiding  the  extinguishment  of  such  fire  or  in  the  preservation  of 
property  in  the  vicinity  thereof.  (Charter,  § 755.) 

§ 3.  Fire  hose;  hose-bridges. — No  driver  of  a vehicle,  nor  chauffeur 
of  a motor-vehicle,  shall  drive  any  such  vehicle  over  or  across  any 
hose  in  use,  or  about  to  be  used,  or  while  lying  in  the  carriageway 
after  being  used  by  any  portion  of  the  fire  department,  for  extin- 
guishing fire;  but  the  provisions  of  this  section  shall  not  apply  to 
drivers  of  wagons  carrying  the  United  States  mail,  nor  to  drivers  of 
ambulances  when  conveying  any  patient  or  injured  person  to  any 
hospital,  or  when  proceeding  to  the  scene  of  any  accident  by  which 
any  person  or  persons  have  been  injured;  nor  to  the  driver  of  any 
vehicle  directed  or  permitted  to  drive  over  or  across  any  such  hose,  by 
the  officer  of  the  fire  department  in  command  of  the  force  operating 
at  a fire.  The  fire  commissioner  is  empowered  to  provide  for  laying 
fire  hose  over  the  railway  tracks  of  the  city,  when  necessary,  by 
suitable  hose-bridges.  Railway  companies  operating  cars  within  the 
city  shall  provide,  pay  for  and  use  such  hose-bridges  as  may  be 
designated  by  the  commissioner.  (Charter,  § 749  and  C.  O.) 

§4.  Fire-hydrants. — 1.  Opening  or  tampering  with.  No  person, 
other  than  an  employee  of  the  department  of  water  supply,  gas  and 
electricity,  or  the  fire  department,  shall  open,  use  or  tamper  with  a 
fire-hydrant  or  high-pressure  hydrant,  without  previous  permission 
in  writing  from  the  commissioner  of  water  supply,  gas  and  electricity ; 
nor  shall  any  person  leave  such  a hydrant  open  for  a longer  period 
than  shall  be  limited  in  the  permission  or  use  water  for  other  purposes 
than  shall  have  been  authorized  by  the  commissioner. 

2.  Obstructing.  No  person  shall  in  any  manner  obstruct  the  use  of 
any  fire  hydrant,  or  allow  any  snow  or  ice  to  be  thrown  or  piled  upon 
or  around  the  same,  or  place,  or  allow  to  be  placed,  any  material  or 
thing  in  front  thereof,  from  the  curb  line  to  the  center  of  the  street 
and  to  within  10  feet  from  either  side  thereof.  All  snow  and  ice 
accumulating  in  the  street,  within  the  space  hereinbefore  mentioned, 
shall  be  removed  by  the  owner,  lessee,  or  tenant,  of  the  premises 
fronting  the  said  space,  in  the  same  manner  as  is  prescribed  for  the 
keeping  clear  of  the  sidewalk.  All  material  or  things  found  obstruct- 
ing any  fire  hydrant  may  be  forthwith  removed  by  the  officers  or 
employees  of  the  fire  department,  at  the  risk,  cost  and  expense,  of 
the  owner  or  claimant.  The  fire  commissioner  shall  take  all  proper 
measures  to  keep  hydrants  from  freezing,  and  in  proper  condition  for 
use  at  all  times.  (C.  O.  § 288,  with  § 750,  Charter.) 

§ 5.  Fire-alarm  telegraph. — 1.  Protection  of.  The  fire-alarm  tele- 
graph system  shall  not  be  operated  or  used  except  by  the  fire  com- 
missioner, or  officers  and  employees  of  the  fire  department  charged 
with  its  operation  or  maintenance  or  authorized  to  use  it  for  instruc- 
tion or  drill;  provided  policemen  and  citizens  may  freely  operate  the 
same  to  communicate  actual  alarms  of  fire.  No  person  shall  use  the 
keys  or  appliances  thereof  for  communicating  a false  alarm;  nor  shall 
any  person  experiment  or  tamper  therewith,  for  any  purpose  whaU 


FIRES  AND  FIRE  PREVENTION 


221 


ever,  or  have  or  possess  any  key  thereof,  without  such  authority. 
No  person  shall  post,  paint,  impress,  or  in  any  way  affix  to  any  pole 
connected  with  the  fire-alarm  telegraph,  or  any  box,  wire  or  other 
appliance  connected  therewith,  any  placard,  sign,  broadside,  notice, 
or  announcement  of  any  kind;  nor  shall  any  person  cut,  mutilate, 
alter,  mar,  deface,  cover,  obstruct  or  interfere  with  the  same  in  any 
manner  whatsoever;  nor  paint  or  cause  to  be  painted,  the  poles  of 
any  other  telegraph,  or  any  other  poles  on  the  lines  thereof,  of  a 
similar  color  or  colors,  or  in  imitation  thereof,  nor  consent,  allow,  or 
be  privy  to  any  of  said  things  being  done  for  them  or  upon  their 
behalf. 

2.  Kite  flying.  No  kite  shall  be  flown,  raised,  or  put  up  in  any 
street  adjacent  to  the  lines  of  said  telegraph,  or  be  allowed  to  become 
entangled  with  the  wires  or  apparatus  thereof. 

3.  False  alarms.  No  person  shall  willfully  or  desi^edly  raise, 
create  or  continue  a false  alarm  of  fire,  or  aid,  abet  or  assist  in  raising, 
creating  or  continuing  such  a false  alarm.  (Charter,  § 729  in  part 
andC.O.§532.) 

Police  officers  are  specially  charged  and  directed  to  aid  in  the 
enforcement  of  this  section. 

§ 6.  Street-flres;  permits  required. — No  person  shall  kindle,  build, 
maintain  or  use  a fire  upon  any  dock,  pier  or  bulkhead;  nor  in  or 
upon  a street  or  vacant  lot,  without  a permit  from  the  fire  commis- 
sioner. A permit  to  kindle,  build,  maintain  and  use  fire  in  or  upon  a 
public  street,  for  the  purpose  of  conducting  a trade  or  business,  may 
be  issued  by  the  fire  commissioner  upon  an  application  giving  such 
information  as  may  be  required  by  him;  but  no  permit  shall  be  issued 
to  kindle,  build,  maintain  or  use  fire — 

(a)  Within  15  feet  of  a fire  hydrant; 

(b)  Within2feetof  the  surface  of  any  stone  pavement; 

(c)  On,  or  within  2 feet  of  the  surface  of  any  asphalt  pavement, 
except  for  the  purpose  of  repairing,  removing  or  constructing  the 
same. 

A fire  kindled,  built  and  maintained  under  a permit,  issued  in 
conformity  with  the  provisions  of  this  section,  shall  be  continuously 
under  the  care  and  direction  of  a competent  person  from  the  time  it  is 
kindled  until  it  is  extinguished. 

§ 7.  Violations. — Any  person  who  shall  violate,  or  refuse  or  neg- 
lect to  comply  with,  any  provision  of  this  article  shall,  upon  convic- 
tion thereof,  be  punished  by  a fine  of  not  more  than  $100,  or  by 
imprisonment  not  exceeding  30  days,  or  by  both  such  fine  and  im- 
prisonment; and  any  such  person  shall,  also,  for  each  offense,  be 
subject  to  the  payment  of  a penalty  in  the  sum  of  $50,  to  be  re- 
covered in  a civil  action  brought  in  the  name  of  the  commissioner. 
(Adopted  from  Charter  and  C.  O.) 


ARTICLE  2 

FIRE  PREVENTION 

Sec.  20.  Fire-alarm  and  fire-extinguishing  appliances. 

§ 21.  Watchmen;  interior  fire-alarms;  diagrams  of  means  of  egress. 


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§ 22.  Fire  drills  in  schools;  interference  with. 

§ 23.  Lights. 

§ 24.  Storage  of  combustible  fibres. 

§ 25.  Storage  of  empty  wooden  packing  boxes,  cases  and  barrels. 

§ 26.  Smoking. 

§ 27.  Barns  and  stables. 

§ 28.  Ashes. 

§ 29.  Chimneys  and  flues. 

§ 30.  Violations. 

Sec.  20.  Fire-alarm  and  fire-extinguishing  appliances. — The  owners 
and  proprietors  of  all  manufactories,  hotels,  tenement-houses,  apart- 
ment houses,  office  buildings,  boarding  and  lodging-houses,  ware- 
houses, stores  and  offices,  theatres  and  music  halls,  and  the  authorities 
or  persons  having  charge  of  all  hospitals  and  asylums,  and  of  the  public 
schools  and  other  public  buildings,  churches  and  other  places  where 
large  numbers  of  persons  are  congregated  for  purposes  of  worship, 
instruction  or  amusement,  shall  provide  such  means  of  communicat- 
ing alarms  of  fire,  accident  or  danger  to  the  police  and  fire  depart- 
ments, respectively,  as  the  fire  commissioner  or  the  police  commis- 
sioner may  prescribe,  and  shall  also  provide  such  fire  hose,  fire 
extinguishers,  buckets,  axes,  fire  hooks,  fire  doors  and  other  means  of 
preventing  and  extinguishing  fires  as  the  fire  commissioner  may  di- 
rect. (The  sections  in  this  article  are  taken  chiefly  from  the  Ord.  of 
Dec.  19,  1911;  and  § 762  charter.) 

For  other  regulations,  see  ch.  3,  Amusements,  §§  7,  8,  9,  36;  ch.  5,  Building  Code, 
arts.  23,  28. 

Ordinance  Dec.  19,  1911,  amending  § 762.  Charter  and  order  of  Fire  Commis- 
sioner to  install  automatic  sprinklers,  sustained  and  misdemeanor  conviction  af- 
firmed. People  V.  Kaye,  160  App.  Div.  649. 

Fire  extinguishers:  order  of  Fire  Commissioner  sustained.  Waldo  v.  Christman, 
72  Misc.  349. 

Under  § 762  of  the  Charter  an  owner  of  a building  although  not  in  possession  is 
liable  to  a fine  or  penalty  for  failure  to  obey  an  order  of  Fire  Commissioner  as  to 
perforated  pipes.  Lantry  v.  Hoffman,  55  Misc.  261,  aff’d  124  App.  Div.  937. 

The  Fire  Commissioner  under  this  section  must  order  specifically  the  “means” 
to  give  alarms  of  fire,  it  is  not  sufficient  to  give  a general  order.  Hayes  v.  Bren- 
nan, 45  Misc.  413. 

§ 21.  Watchmen;  interior  fire-alarms;  diagrams  of  means  of  egress. — 
1.  Watchmen.  In  every  building  used  or  occupied  as  a hotel,  lodging- 
house  or  public  or  private  hospital  or  asylum,  there  shall  be  employed 
by  the  owner  or  proprietor,  or  other  person  having  the  charge  or 
management  thereof,  one  or  more  watchmen,  whose  exclusive  duty 
it  shall  be  to  visit  every  portion  of  such  building,  at  regular  and  fre- 
quent intervals,  under  rules  and  regulations  to  be  established  by  the 
commissioner,  for  the  purpose  of  detecting  fire  or  other  sources  of 
danger,  and  giving  timely  warning  thereof  to  the  inmates  of  the 
building.  There  shall  be  provided  a watchman’s  clock  or  other 
device,  to  be  approved  by  the  commissioner,  by  means  of  which  the 
movements  of  the  watchman  may  be  recorded. 

2.  Interior  fire-alarms.  In  every  such  building  there  shall  be 
placed  and  provided  electrical  or  other  alarms  and  time  detectors, 
to  be  approved  by  the  commissioner,  by  means  of  which  the  move- 
ments of  the  watchman  may  be  recorded  and  alarms  of  fire  or  other 
danger  may  be  instantly  communicated,  by  means  of  bells  or  gongs, 
to  every  portion  of  the  building.  The  fire  alarm  apparatus  and  all 


FIRES  AND  FIRE  PREVENTION 


223 


other  appliances  placed  or  kept  within  any  of  said  buildings  for  the 
purpose  of  preventing  or  extinguishing  fires,  or  for  affording  means  of 
escape  therefrom  in  case  of  fire,  shall  be  kept  at  all  times  in  good 
working  order  and  proper  condition  for  immediate  use,  and  any 
member  of  the  uniformed  force  of  the  fire  department  may  enter  any 
of  the  said  buildings  at  any  time,  for  the  purpose  of  inspecting  such 
apparatus  or  appliances. 

3.  Diagrams  of  means  of  egress.  In  every  room  in  any  of  the  build- 
ings referred  to  in  this  section,  there  shall  be  posted  a card  upon 
which  shall  be  printed  a diagram  showing  the  exits,  halls,  stairways, 
elevators  and  fire-escapes  of  the  building,  and,  in  the  halls  and 
passageways,  signs  shall  be  posted  indicating  the  location  of  the 
stairs  and  fire-escapes.  (Ord.  Dec.  19,  1911.) 

§ 22.  Fire-drills  in  schools;  interference  with. — No  person  shall  drive 
a vehicle  of  any  kind  through  a line  of  children  issuing  from  or 
returning  to  a public  school  during  a fire  drill,  nor  interfere,  hinder, 
obstruct  or  impede  in  any  way  whatsoever  any  such  fire  drill.  (Ord. 
March  11,  1913.) 

§ 23.  Lights. — All  lights  used  in  theatres  and  other  places  of  public 
amusement,  manufactories,  stores,  hotels,  lodging-houses,  and  in 
show  windows  shall  be  properly  protected  by  gloves  or  glass  cover- 
ings, or  in  such  other  manner  as  the  commissioner  shall  prescribe. 
(Ord.  Dec.  19,  1911.) 

§24.  Storage  of  combustible  fibres. — 1.  Definition.  As  used  in  this 
section,  ‘‘combustible  fibre means  any  finely  divided  vegetable  or 
animal  fibre,  including  paper  and  cloth,  in  the  form  of  scraps  or 
clippings;  hay;  straw;  excelsior;  dried  moss,  excepting  moss  used  for 
medicinal  purposes;  grasses,  and  similar  substances. 

2.  Permit  required.  No  person  shall  store  or  keep  on  hand  in  any 
building  any  combustible  fibre  or  material,  in  excess  of  2 tons,  with- 
out a permit  from  the  commissioner.  The  annual  fee  for  such  a 
permit  shall  be  for  quantities  of  10  tons  or  more,  $50;  over  5 tons  and 
less  than  10  tons,  $5;  over  2 tons  and  less  than  5 tons,  $2. 

3.  Restrictions.  No  permit  shall  be  issued  for  such  storage  in  any 
building  or  premises — 

(a)  Situated  within  50  feet  of  the  nearest  wall  of  a building  occupied 
as  a school,  hospital,  theatre  or  other  place  of  public  amusement  or 
assembly; 

(b)  Occupied  as  a tenement  house,  hotel,  workshop  or  factory; 

(c)  Of  wooden  construction,  except  in  sparsely  populated  districts, 
where  it  shall  be  in  the  discretion  of  the  commissioner; 

(d)  Which  is  not  equipped  with  a fire  extinguishing  system,  ap- 
proved by  the  fire  commissioner; 

(e)  Where  paints,  varnishes,  or  lacquers  are  manufactured,  stored 
or  kept  for  sale; 

(f)  Where  dry  goods,  or  other  highly  inflammable  materials  are 
manufactured,  stored  or  kept  for  sale; 

(g)  Where  matches,  rosin,  turpentine  or  any  explosives  are  stored 
or  kept. 

4.  Weight  limit.  No  person  shall  store  upon  any  floor  of  a building 
any  combustible  fibre  exceeding  in  weight  one-third  of  the  asfe 
bearing  capacity  of  such  floor,  as  certified  to  by  the  bureau  of  build- 
ings having  jurisdiction;  or  covering,  when  baled,  more  than  two- 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


thirds  of  the  floor  space  of  such  floor,  and  no  such  material  shall  be 
piled  to  a greater  height  than  two-thirds  of  the  distance  from  the 
floor  to  the  ceiling. 

5.  Exemption.  A person  who  holds  a permit,  issued  under  chap- 
ter 10  of  this  ordinance,  for  a business  to  which  the  use  of  combustible 
fibres  is  an  incident  shall  not  be  required  to  obtain  an  additional 
permit  under  the  provisions  of  this  article. 

§ 25.  Storage  of  empty  wooden  packing  boxes,  cases  and  barrels. 
— 1.  Permit  required.  No  person  shall  store  in  any  building,  shed, 
inclosure  or  other  structure  any  empty  wooden  packing  boxes,  cases 
or  barrels  in  a quantity  occupying  a space  greater  than  2,000  cubic 
feet,  without  a permit  from  the  commissioner.  The  annual  fee  for 
such  a permit  shall  be  $5. 

2.  Restrictions.  No  permit  shall  be  issued  for  the  storage  of  empty 
wooden  packing  boxes,  cases  or  barrels  in  any  shed,  inclosure  or  other 
structure. 

(a)  Which  is  not  substantially  built  of  brick,  concrete  or  other  fire 
resisting  material,  to  a height  not  exceeding  18  feet  above  the  street 
level,  and  fitted  with  self-closing  fireproof  doors; 

(b)  Which  is  situated  within  50  feet  of  the  nearest  wall  or  a building 
occupied  as  a hospital,  school,  theatre  or  other  place  of  public  amuse- 
ment or  assembly; 

3.  Limitations.  No  person  shall  pile  empty  wooden  packing  boxes, 
cases  or  barrels  to  a height  greater  thari  6 inches  below  the  top  of  the 
inclosing  wall,  required  by  subdivision  2 of  this  section,  nor  shall  any 
person  pile  or  stack  empty  wooden  packing  boxes,  cases  or  barrefe 
within  4 feet  of  any  window  in  an  adjoining  building.  (Mun.  Expl. 
Reg.) 

§ 26.  Smoking. — No  person  shall  smoke  or  carry  a lighted  cigar, 
cigarette,  pipe  or  match  within  any  room,  enclosed  space,  ceUar, 
basement,  or  in  any  part  of  any  premises  in  which  any  highly  com- 
bustible or  inflammable  material  is  manufactured,  stored  or  kept  for 
use  or  sale.  Offices,  not  containing  highly  combustible  or  inflam- 
mable material,  and  separated  from  the  other  parts  of  said  places  or 
premises  by  a tight  partition  or  a self-closing  door,  shall  be  exempt 
from  this  prohibition.  (Mun.  Expl.  Reg.) 

§ 27.  Barns  and  stables. — No  person  shall  take  into  or  use  in  any 
barn  or  stable  any  lighted  candle,  oil  or  fluid  lamp,  or  any  burning 
light  of  any  kind  whatsoever,  unless  the  same  be  inclosed  and  secured 
in  a good  glass,  horn  or  other  lantern.  (Brookl.  Ord.  § 25.) 

§ 2^8.  Ashes. — No  person  shall  deposit  ashes  on  the  wooden  floor  of 
any  building,  nor  in  any  barrel,  or  box,  or  other  wooden  vessel 
standing  on  any  such  floor,  nor  place  any  such  barrel,  box,  or  other 
vessel  containing  ashes,  upon  any  such  floor.  (Brookl.  Ord.  § 26.) 

§ 29.  Chimneys  and  flues. — If  any  chimney,  stove-pipe,  or  flue 
shall  take  fire,  the  owner  of  the  building  or  premises  to  which  such 
chimney,  stove-pipe,  or  flue  appertains  shall  forfeit  the  sum  of  $5, 
except  that,  where  a tenant  occupies  the  entire  building  or  premises, 
the  tenant  and  not  the  owner  of  the  building  shall  forfeit  the  said  sum. 
(Charter,  § 760.) 

§ 30.  Violations. — Except  as  otherwise  provided  in  this  article, 
any  person  who  shall  violate,  or  refuse  or  neglect  to  comply  with, 
any  provision  of  this  article  shall,  upon  conviction  thereof,  be  pun- 


FIRES  AND  FIRE  PREVENTION 


225 


ished  by  a fine  of  not  more  than  $500,  or  by  imprisonment  not 
exceeding  6 months,  or  by  both  such  fine  and  imprisonment;  and  any 
such  person  shall,  also,  for  each  offense,  be  subject  to  the  payment  of 
a penalty  in  the  sum  of  $250,  to  be  recovered  in  a civil  action  brought 
in  the  name  of  the  commissioner.  (New,  Penal  Law,  § 1937,  Charter, 
§ 773.) 


15 


226 


CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 


CHAPTER  18 
Hospitals 


Article  1.  General  provisions. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Emergency  cases. 

§ 2.  Incurables;  deaths. 

§ 3.  Insane,  temporary  care. 

§ 4.  Non-residents,  treatment. 

Sec.  1.  Emergency  cases. — Any  person  injured  or  taken  sick  in  the 
street  or  in  any  public  place,  who  may  not  be  safely  removed  to  his 
or  her  home,  may  be  sent  to  and  shall  be  received  by  any  pubhc 
hospital,  for  temporary  care  and  treatment,  irrespective  of  his  or 
her  place  of  residence.  (Charter,  § 692.) 

§ 2.  Incurables;  deaths. — Whenever  any  sick  person  in  any  public 
hospital  shall,  in  the  judgment  of  the  board  or  officer  having  juris- 
diction thereof,  cease  to  be  a proper  case  for  treatment  therein, 
such  person  shall  be  transferred  to  the  care,  custody  and  control 
of  the  commissioner  of  public  charities,  who  shall  forthwith  receive 
and  care  for  such  person.  In  case  any  sick  person  under  treatment 
in  any  public  hospital,  not  under  the  control  of  the  department  of 
public  charities,  shall  die,  the  officer  in  charge  of  such  hospital  may 
call  upon  the  commissioner  of  public  charities  to  receive  and  remove 
the  body  of  such  person,  and  the  commissioner  shall  forthwith  re- 
ceive and  remove  the  same  for  burial,  or  other  proper  disposition. 
The  cost  and  expense  of  such  reception,  removal,  burial,  or  other 
proper  disposition  shall  be  borne  and  paid  by  the  department  of 
public  charities.  (Charter,  § 692.) 

§ 3.  Insane;  temporary  care. — There  shall  be  provided  and  main- 
tained in  every  public  hospital  suitable  wards  or  rooms  for  the  ex- 
amination and  temporary  care  of  persons  alleged  to  be  insane.  (Char- 
ter, §§  670,  672.) 

§ 4.  N on-residents;  treatment. — Persons  who  do  not  reside  in  the 
city  may  be  received  and  treated  in  any  public  hospital;  provided 
the  person  so  received  shall  be  required  to  pay  such  sum  for  board 
and  attendance  as  may  be  fixed  by  the  board  or  officer  in  charge 
of  the  hospital,  but  no  such  person  shall  be  received  to  the  exclusion 
of  residents  of  the  city.  The  board  or  officer  in  charge  of  a hospital, 
receiving  non-resident  patients,  shall  collect  and  pay  over  all  such 
moneys  to  the  chamberlain  once  every  month.  The  board  or  officer, 
upon  receiving  such  payments,  shall  report  the  same  to  the  comp- 
troller, and  the  amounts  so  collected  shall  be  paid  into  the  general 
fund.  (Charter,  § 678,  subd.  8,  § 692.) 


UCENSBl 


227 


CHAPTER  14 


Licenses 


Article  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 


General  provisions. 

Billiard  and  pool  tables. 
Bowling  alleys. 

Dealers  in  second-hand  articles. 
Dirt  carts. 

Expresses  and  expressmen. 
Exterior  hoists. 

Hacks,  cabs  and  taxicabs. 

Junk  dealers. 

Peddlers,  hawkers  and  venders. 
Public  carts  and  cartmen. 
Public  porters. 

Shooting  galleries. 

Street  musicians. 

Weighers  of  hay. 


This  chapter  conforms  to  ch.  475,  L.  1914,  amending  §§  640-641  of  the  Charter, 
which  abolished  the  old  Bureau  of  Licenses  established  by  Ord.,  Feb.  8,  1898. 
That  Bureau  was  the  successor  by  various  enactments  of  the  old  “Bureau  of  Per- 
mits,” sec.  1 of  ord.  app.  Feb.  2,  1886,  as  limited  by  chap.  412,  Laws  of  1895.  The 
tendency  has  been  to  make  laws  uniform  throughout  the  entire  city,  and  to  con- 
centrate into  one  bureau  the  issuing  of  all  licenses.  By  the  City  Ordinances,  1859, 
all  licenses  were  issued  by  the  Mayor  and  separate  chapters  cover  the  different 
subject-matters,  such  as  Coaches  and  Cabs,  Pawnbrokers,  Dealers  in  Second-Hand 
Articles  and  Keepers  of  Junk  Shops,  etc.,  which  are  now  included  in  one  chapter. 
When  the  ordinances  were  revised  in  1880  a Bureau  of  Permits  was  established. 
(R.  O.  1880,  art.  XXX.)  The  general  powers  were  further  extended  by  L.  1887, 
chap.  417,  and  L.  1888,  chap.  115,  and  L.  1896,  chap.  36,  where  the  Board  of  Aider- 
men,  although  forbidden  to  allow  obstructions  in  the  streets  or  sidewalks,  was 
expressly  allowed  to  grant  permits  for  “stands  within  the  stoop-lines”  for  certain 
purposes.  See  sec.  50,  Greater  New  York  Charter,  and  notes  under  streets,  ch.  23. 


ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  When  required. 

§ 2.  Licensees  must  be  citizens. 

§ 3.  How  issued. 

§ 4.  Registration  of  licenses;  deposit  of  fees. 

§ 5.  Suspension  and  revocation  of  licenses. 

§ 6.  Duties  of  licensees. 

§ 7.  Inspections. 

Sec.  1.  When  required. — In  addition  to  the  businesses,  places, 
trades,  occupations  and  things  required  to  be  licensed  by  statute 
or  by  other  chapters  of  this  code,  the  following  must  be  duly  li- 
censed as  herein  provided,  namely: 
a — Billiard  and  pool  tables; 
b — Bowling  alleys; 


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CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 


c — Dealers  in  second-hand  articles; 
d — Dirt  carts; 

e — Drivers  or  chauffeurs  of  hacks,  cabs,  taxicabs  and  expresset; 
f — Expresses  and  expressmen; 
g — Exterior  hoists; 
h — Hacks,  cabs  and  taxicabs; 
i — Hand  organs; 
j — Itinerant  musicians; 
k — Junk  dealers; 

1 — Peddlers,  hawkers  and  venders; 

m — Public  carts  and  cartmen; 
n — Public  porters; 
o — Shooting  galleries; 
p — Street  musicians; 

q — Stands  within  stoop  lines  and  under  the  stairs  of  elevated  or 
subway  stations; 
r — Weighers  of  hay. 

No  person  shall  engage  in,  or  carry  on  any  business,  trade  or 
occupation,  or  maintain  any  place  or  thing  specified  in  this  section 
without  a license  therefor. 

This  article  is  based  on  the  Ord.  of  May  22,  1899.  See  specific  articles,  infra, 
covering  specific  cases. 

There  can  be  no  doubt  of  the  general  power  of  a municipal  corporation  to  regu- 
late and  control  the  occupations  referred  to.  The  courts  have  even  gone  so  far 
as  to  hold  that  where  a license  is  required  of  a business,  one  who  engages  in  that 
business  without  a license  may  not  recover  the  value  of  goods  sold  or  services  ren- 
dered. Ferdon  v.  Cunningham,  20  How.  Pr.  154;  Best  v.  Bauder,  29  How.  Pr. 
489;  but,  see  Miller  v.  Burke,  6 Daly,  171,  affd.  68  N.  Y.  615;  see  cases  under 
specific  subjects,  infra. 

The  power  of  a municipality  to  license  certain  employments  is  wholly  derived 
from  the  legislature  and  must  be  exercised  within  such  authority,  and  fees  must  be 
reasonable.  People  v.  Jarvis,  19  App.  Div.  466. 

For  Common  Shows,  and  Motion  Picture  Exhibitions  see  Amusements  and  Ex- 
hibitions, ch.  3,  arts.  2 and  3. 

Act  requiring  dancing  academies  in  N.  Y.  City  to  be  licensed  declared  uncon- 
stitutional. People  ex  rel,  Duryea  v.  Wilbur,  198  N.  Y.  1,  but  see  L.  1910,  ch.  547. 
Pawnbrokers  and  Employment  agencies  are  governed  by  the  General  Business 
Law. 

§ 2.  Licenstes  must  be  citizens. — No  person  shall  be  licensed  under 
any  provision  of  this  chapter  or  of  chapter  3 of  this  ordinance,  ex- 
cept a citizen  of  the  United  States,  or  one  who  has  regularly  declared 
his  intention  to  become  a citizen.  (C.  O.  § 307.) 

But  a city  ordinance  forbidding  non-residents  engaging  in  business  without  a 
license  is  unconstitutional.  City  of  Watertown  v.  Rosenbaugh,  112  App.  Div.  723. 

§ 3.  How  issued. — All  applications  for  licenses  shall  be  made  to 
the  commissioner  of  licenses  in  such  form  and  detail,  as  he  shall 
prescribe.  All  licenses  shall  be  issued  on  established  forms,  which 
shall  be  printed  in  book  form  with  corresponding  stubs.  They 
shall  be  consecutively  numbered,  with  suitable  blank  spaces  for 
writing  in  the  name  and  residence  of  licensee,  the  kind  and  class 
of  license  granted,  the  location  and  privileges  allowed  and  the  amount 
of  fee  paid.  All  licenses  shall  be  granted  for  a term  of  one  year  from 
the  date  thereof,  unless  sooner  suspended  or  revoked,  or  otherwise 
specifically  provided  by  law  or  ordinance.  (C.  O.,  §§  302,  303,  307.) 

§ 4.  Registration  of  licenses;  deposit  of  fees— All  licenses  shall  be 
duly  classified  and  recorded  in  suitable  registers  and  fully  indexed. 
There  shall  be  kept  in  the  principal  office  of  the  department  and 


LICENSES 


229 


in  each  and  every  branch  office  thereof,  a book  for  recording  con- 
secutively, day  by  day,  each  license  issued,  showing  its  kind  and 
class,  whether  new  or  renewal,  name  of  licensee,  regular  number 
of  blank  form  and  amount  of  fee  received  therefor.  A daily  report 
showing  all  of  the  above  details  shall  be  made  by  each  branch  office 
to  the  principal  office  of  the  department.  There  shall  also  be  kept 
in  the  principal  office  of  the  department  a book  showing  a statement 
of  all  licenses  issued,  and  fees  received  by  the  department  and  its 
branches,  tabulated  by  days,  months  and  quarters  of  the  year,  and 
compiled  annually.  Each  register  of  licenses  shall  be  a public  record, 
and  extracts  therefrom  may  be  certified  by  the  commissioner  of 
licenses,  or  a deputy  commissioner  or  assistant  in  charge  of  a branch 
office  of  the  department,  for  use  as  evidence.  All  moneys  received 
as  license  fees  shall  be  duly  deposited  in  a designated  city  depository 
the  day  following  their  receipt.  (Ord.  June  29,  1914.) 

Payment  of  a fee  voluntarily  by  mistake  cannot  be  recovered.  Heberon  v. 
New  York,  78  Misc.  653. 

§ 5.  Suspension  and  revocation  of  licenses. — The  commissioner  of 
licenses  is  empowered  to  hear  and  determine  complaints  against 
licensees,  and  to  suspend  or  revoke  any  license  or  permit  issued  by 
him,  under  any  provision  of  this  ordinance.  The  commissioner 
when  investigating  any  matters  pertaining  to  the  granting,  issuing, 
transferring,  renewing,  revoking,  suspending  or  canceling  of  any 
license,  is  hereby  authorized  in  his  discretion  to  take  such  testimony 
as  may  be  necessary  on  which  to  base  official  action.  When  taking 
such  testimony  he  may  subpoena  witnesses  and  also  direct  the  pro- 
duction before  him  of  necessary  and  material  books  and  papers. 
The  commissioner  may,  in  his  discretion,  delegate  to  the  deputy 
commissioners  of  licenses,  to  the  chief  of  the  division  of  licensed 
vehicles  and  the  chief  of  the  Brooklyn  office  of  the  department  the 
power  and  duty  of  taking  testimony,  and  the  said  officials  when  so 
delegated  may  subpoena  witnesses,  book  and  papers  with  the  same 
force  and  effect  as  if  subpoenaed  by  the  commissioner.  The  said 
delegated  officials  shall  have  the  testimony  taken  before  them  re- 
duced to  writing  and  transmit  the  same  to  the  commissioner  for 
final  action.  The  commissioner  or  a deputy  commissioner  of 
licenses,  the  chief  of  the  division  of  licensed  vehicles  or  the  chief 
of  the  Brooklyn  office  of  the  department  shall  have  power  to  hear 
and  determine  complaints  against  licensees  hereunder  and  impose 
a fine  of  not  more  than  S5,  or  less  than  $1,  for  any  violation  of  the 
provisions  of  this  chapter,  and  each  of  such  officers  shall  have  power 
to  suspend  a license  pending  the  payment  of  such  fine.  All  such 
fines  when  collected  shall  be  paid  into  the  Sinking  Fund  for  the 
Redemption  of  the  City  Debt.  (Ord.  June  29,  1914.) 

§ 6.  Duties  of  licensees. — 1.  General.  Every  person  holding  a 
license  issued  under  any  provisions  of  this  chapter  shall  exhibit 
the  same  upon  demand  of  any  person,  and  shall  report  to  the  de- 
partment any  change  of  residence  or  place  of  business,  within  3 
days  of  such  change.  A licensee  shall  at  all  times  render  any  public 
services  within  scope  of  his  license  when  called  upon,  unless  actually 
unable  so  to  do. 

2.  Badges.  Every  licensed  hackman,  whenever  with  a hack  or 
waiting  for  employment  anywhere  in  the  city,  every  licensed  peddler 


230  CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

while  peddling,  and  every  person  while  using  a licensed  junk  cart 
or  boat,  shall  wear  conspicuously  on  the  right  breast  of  the  outer 
coat  a metal  badge  of  the  shape,  size  and  style  prescribed  by  the 
commissioner  of  licenses,  having  engraved  or  embossed  thereon 
the  official  designation  and  nuipber  of  the  license,  together  with 
the  words  ^^New  York  City/^ 

3.  Licensed  vehicles ^ designation  of.  All  words,  letters  and  numbers, 
hereinafter  prescribed  for  licensed  vehicles,  shall  be  shown  per- 
manently and  conspicuously  on  each  outside  thereof  in  colors  con- 
trasting strongly  with  background,  and  not  less  than  2 inches  high, 
as  directed  or  approved  by  the  commissioner  of  licenses,  and  shall 
be  kept  legible  and  plainly  visible  at  all  times  during  the  term  of 
the  license;  and  shall  be  obliterated  or  erased  upon  change  of  owner- 
ship or  expiration  of  the  license;  and  no  person  shall  have  or  use 
any  vehicle  with  words,  letters  or  number  thereon  like  those  herein 
prescribed  for  licensed  vehicles  without  being  duly  licensed  therefor. 
(Ord.  July  7,  1914.) 

§ 7.  Inspections. — All  licensed  vehicles  or  places  of  business  shall 
be  regularly  inspected.  The  result  of  each  inspection  shall  be  en- 
dorsed on  the  license  therefor,  together  with  the  date  of  the  inspec- 
tion and  the  signature  of  the  inspector.  A report  of  all  inspection 
shall  be  regularly  reported  to  the  commissioner  of  licepses.  (Ord. 
July  7,  1914.) 

ARTICLE  2 

BILLIARD  AND  POOL  TABLES 

Sec.  20.  General  provisions. 

§ 21.  License  fee. 

§ 20.  General  provisions. — Any  pool  or  billiard  table  in  a place 
open  to  the  public  shall  be  deemed  to  be  included  within  the  terms 
of  this  ordinance,  and  every  keeper  of  a public  place  where  there 
are  pool  or  billiard  tables  shall  maintain  good  order  and  allow  no 
persons  under  16  years  of  age  to  play  therein.  (C.  O.  § 355.) 

§ 21.  License  fee. — The  annual  license  fee  for  each  public  billiard 
or  pool  table  shall  be  $3.  (C.  O.  § 307.) 

ARTICLE  3 

BOWLING  ALLEYS 

Sec.  30.  General  provisions. 

§31.  License  fee. 

Sec.  30.  Any  bowling  alley  in  a place  open  to  the  public  shall 
be  deemed  to  be  included  within  the  terms  of  this  ordinance,  and 
every  keeper  of  a public  bowling  alley  shall  maintain  good  order 
and  allow  no  person  under  16  years  of  age  to  bowl  therein.  (C.  O. 
§ 354.) 

§ 31.  License  fee. — The  annual  license  fee  for  each  public  bowling 
alley  shall  be  $5.  (C.  O.  § 307.) 


LICENSES 


231 


ARTICLE  4 

DEALERS  IN  SECOND-HAND  ARTICLES 

Sec.  40.  Definition. 

§ 41.  License,  fee  and  bond. 

§ 42.  Regular  purchases. 

§ 43.  Restrictions. 

§ 44.  Lost  or  stolen  property  to  be  advertised. 

§ 40.  Definition. — Any  one  dealing  in  the  purchase  and  sale  of 
second-hand  furniture,  machinery,  jewelry,  clothes  or  other  articles 
shall  be  deemed  to  be  a dealer  in  second-hand  articles.  (C.  O.  § 341 .) 

Such  an  ordinance  should  be  strictly  construed  as  it  limits  persons  in  gaining  a 
livelihood.  Where  a person  who  kept  a book  shop  sold  second-hand  books  as  an 
incident  thereto,  held  in  Illinois  not  to  be  a dealer  “in  second-hand  goods.”  East- 
man V.  Chicago,  79  111.  178. 

§ 41.  License,  fee  and  bond. — The  annual  license  fee  for  each  dealer 
in  second-hand  articles  shall  be  $25,  and  every  such  dealer  shall 
give  a bond  to  the  city,  with  sufficient  surety,  to  be  approved  by 
the  commissioner  of  licenses,  in  the  penal  sum  of  $100,  conditioned 
for  the  due  observance  of  the  provisions  of  law  or  ordinance  relating 
to  such  dealers.  (C.  O.  §§  307,  340.) 

§ 42.  Record  of  'purchases. — Every  dealer  in  second-hand  articles 
shall  keep  a book  in  which  shall  be  legibly  written,  at  the  time  of 
every  purchase,  a description  of  every  article  so  purchased,  the 
name  and  residence  of  the  person  from  whom  such  purchase  was 
made  and  the  day  and  hour  of  the  purchase,  and  this  book  shall  at 
all  reasonable  times  be  open  to  the  inspection  of  any  police  officer, 
to  the  commissioner  of  licenses  or  any  inspector  of  licenses,  or  any 
magistrate  of  the  city,  or  any  person,  duly  authorized  in  writing  for 
such  purpose  by  the  commissioner  or  any  magistrate,  who  shall  ex- 
hibit such  written  authority  to  the  dealer.  (C.  O.  § 342.) 

§ 43.  Restrictions. — 1.  Place,  expired  licenses.  No  dealer  in  second- 
hand articles  shall  carry  on  business  at  any  other  place  than  the  one 
designated  in  his  license,  nor  shall  he  continue  to  carry  on  business 
after  his  license  is  suspended,  revoked,  or  expired. 

2.  Prohibited  persons  and  hours.  No  dealer  in  second-hand  articles 
shall  purchase  any  goods,  articles  or  things  whatsoever  from  any 
minor,  apprentice,  or  servant,  knowing  or  having  reason  to  believe 
the  person  to  be  such,  or  from  any  person  or  persons  whatsoever, 
between  the  setting  of  the  sun  and  the  hour  of  7 o’clock  in  the  morn- 
ing. 

3.  Sales  by  dealers.  No  article  or  thing,  except  wooden  furniture, 
stoves  and  kitchen  utensils  purchased  in  the  way  of  business,  shall 
be  sold  or  disposed  of  by  any  dealer  in  second-hand  articles  until  the 
expiration  of  one  month  after  such  purchase,  and  no  such  dealer 
shall  receive  any  article  by  way  of  pledge  or  pawn. 

4.  Not  to  be  pawnbroker  or  junk  dealer.  No  dealer  in  second-hand 
articles,  while  licensed  as  such,  shall  be  licensed  as  pawnbroker  or 
junk  dealer.  (C.  O.  §§  343,  344,  346.) 

§ 44.  Lost  or  stolen  property  to  be  advertised. — If  any  goods,  articles 
or  things  whatsoever,  shall  be  advertised  in  any  newspaper  printed 


232 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


in  the  city  as  having  been  lost  or  stolen,  and  if  the  same,  or  any 
such  answering  to  the  description  advertised,  or  any  part  thereof, 
shall  be  or  come  in  the  possession  of  any  dealer  in  second-hand 
articles,  such  dealer  shall  give  information  thereof  in  writing  to  the 
police  commissioner  stating  from  whom  the  same  was  received. 
Every  dealer  in  second-hand  articles  who  shall  have  or  receive  any 
goods,  article  or  thing  lost  or  stolen,  or  alleged  or  supposed  to  have 
been  lost  or  stolen,  shall  exhibit  the  same,  on  demand,  to  any  police 
officer,  or  to  the  commissioner  or  any  inspector  of  hcenses,  or  any 
magistrate  of  the  city,  or  any  person,  duly  authorized  in  writing  for 
such  purpose  by  the  commissioner  of  licenses  or  any  magistrate,  who 
shall  exhibit  such  written  authority  to  the  dealer.  (C.  O.  § 345.) 


ARTICLE  5 

DIRT  CARTS 

Sec.  50.  Definition;  construction  of  carts. 

§51.  License  fee;  designation. 

Sec.  50.  Definition;  construction  of  carts. — Every  vehicle  of  what- 
ever description,  excepting  such  as  shall  have  painted  thereon,  on 
each  side,  the  name  and  address  of  the  owner  thereof  in  plain  letters 
and  figures  of  at  least  3 inches  in  length,  used  in  carting  or  transport- 
ing dirt,  sand,  gravel,  clay,  paving  stones,  ashes,  garbage  or  building 
rubbish  within  the  city  shall  be  deemed  a dirt  cart.  Every  such 
vehicle  of  whatever  description,  whether  or  not  described  as  a dirt 
cart,  shall  be  furnished  with  a good  and  tight  box,  whereof  the  sides, 
forepart  and  tailboard  shall  be  at  least  18  inches  high,  and  of  sufficient 
capacity  to  contain  not  less  than  12  cubic  feet  and  shall  be  securely 
covered  when  loaded,  so  as  to  prevent  the  contents  from  being 
scattered  upon  the  streets.  (C.  O.  § 356.) 

§ 51.  License  fee;  designation. — The  annual  license  fee  for  each 
dirt  cart  shall  be  $1.  Every  licensed  dirt  cart  shall  show  on  each 
outside  thereof  the  words  ‘^Dirt  Cart”  or  the  letters  “D.  C.”  together 
with  the  figures  of  its  official  number.  (C.  O.  §§  308,  357.) 


ARTICLE  6 

EXPRESSES  AND  EXPRESSMEN 


Sec.  60.  Definition. 

§ 61.  License  fee;  designation. 

§ 62.  Licensed  drivers  required. 

§ 63.  Proprietors  bond. 

§ 64.  Charges. 

Sec.  60.  Definition. — Every  vehicle  of  whatever  construction,  kept 
or  used  for  the  conveyance  of  baggage,  packages,  parcels  and  other 
articles  within  or  through  the  city  for  pay,  shall  be  deemed  a public 
express,  and  the  owner  thereof  shall  be  deemed  a public  expressman. 


LICENSES 


233 


The  term  expressman  shall  be  deemed  to  include  any  common  carrier 
of  baggage,  packages,  parcels  or  other  articles  within  or  through  the 
city.  (C.  O.  § 330.) 

§ 61.  License  fee;  designation. — The  annual  fee  for  each  vehicle 
used  as  a public  express  shall  be  $5.  Every  such  vehicle  shall  show 
on  the  exterior  of  either  side  thereof  the  word  ^‘Express,”  or  the 
abbreviation  ^‘Exp.,”  with  the  number  of  its  license.  (C.  O.  §§  307, 
331.) 

§ 62.  Licensed  drivers  required. — Every  person  driving  a licensed 
express  shall  be  licensed  as  such,  and  shall  pay  an  annual  license  fee 
of  $1.  Every  application  for  an  express  driver’s  license  shall  be 
endorsed,  in  writing,  by  two  reputable  residents  of  the  city,  testifying 
to  the  competence  of  the  applicant.  No  owner  of  a public  express 
shall  employ  an  unlicensed  driver  under  a penalty  of  $10  for  each 
offense.  (C.  0.  § 315.) 

§ 63.  Proprietor's  bond. — Every  owner  of  a public  express  shall 
give  a bond  to  the  city,  for  each  and  every  vehicle  licensed,  in  a penal 
sum  of  $100,  with  sufficient  surety,  approved  by  the  commissioner, 
conditioned  for  the  safe  and  prompt  delivery  of  all  baggage,  packages, 
parcels  and  other  articles  or  things  entrusted  to  the  owner  or  driver 
of  any  such  licensed  express.  (C.  O.  § 332.) 

§ 64.  Charges. — The  legal  rates  for  regular  deliveries,  unless  other- 
wise mutually  agreed,  shall  be  as  follows  in  the  city: 


1.  Between  points  within  any  borough — 

Not  more  than  5 miles  apart,  each  piece $0  40 

Not  more  than  10  miles  apart,  each  piece 55 

Not  more  than  15  miles  apart,  each  piece 75 


2.  Between  points  in  different  boroughs:  One-half  the  above  rates  in 
addition. 

3.  Special  deliveries:  At  rates  to  be  mutually  agreed  upon.  ( C.  O. 
§ 333.) 


ARTICLE  7 

EXTERIOR  HOISTS 

Sec.  70.  Licenses;  fees. 

§ 71.  ‘^Danger”  sign. 

Sec.  70.  Licenses;  fees. — No  person  shall  hoist  anything  whatso- 
ever, on  the  outside  of  a building  from  the  street,  into  any  loft  or 
lower  anything  on  the  outside  thereof,  by  any  means,  without  a 
license  therefor  and  giving  an  indemnity  bond  to  the  city,  with 
sufficient  surety,  approved  by  the  commissioner.  Anyone  generally 
engaged  in  such  a business  shall  take  out  a general  license,  and  any- 
one so  hoisting  in  front  of  certain  premises  only  shall  take  out  a 
special  license  therefor.  The  annual  fee  for  a general  hoisting  license 
shall  be  $25.  The  fee  for  a special  hoisting  license  shall  be  $1. 
(C.  0.  §§  307,  358,  359.) 

§ 71.  Danger sign. — The  holder  of  a general  or  special  hoisting 
license,  while  engaged  in  such  hoisting  or  lowering  over  any  sidewalk, 
roadway  or  public  place,  shall  give  warning  thereof  by  2 signs  dis- 
playing the  word  “Danger,”  in  letters  at  least  6 inches  long,  which 


234 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


shall  be  conspicuously  placed  at  a safe  distance  on  either  side  of  the 
place  where  the  hoisting  is  being  done.  (C.  O.  § 360.) 


ARTICLE  8 

HACKS,  CABS  AND  TAXICABS 

Sec.  80.  Definitions. 

§ 81.  Exemptions. 

§ 82.  Jurisdiction. 

§ 83.  License  for  vehicle,  application  for. 

§ 84.  Inspection  before  licensing  vehicle. 

§ 85.  License  card  and  plate. 

§ 86.  Fees  for  licensing  vehicles;  refunds. 

§ 87.  Register  of  licensed  vehicles. 

§ 88.  Inspection  of  licensed  hacks. 

§ 89.  Suspension  and  revocation  of  hack  licenses. 

§ 90.  Drivers^  licenses;  applications  for. 

§ 91.  Examination  of  drivers. 

§ 92.  Photograph  of  driver. 

§ 93.  Form  and  term  of  drivers^  licenses. 

§ 94.  Driver’s  badge. 

§ 95.  Renewal  of  drivers’  licenses. 

§ 96.  Fees  for  drivers’  licenses. 

§ 97.  Suspension  or  revocation  of  drivers’  licenses. 

§ 98.  Record  of  drivers’  licenses. 

§ 99.  Hack  stands. 

§ 100.  Regulation  of  hacks  at  stands. 

§ 101.  Taximeters. 

§ 102.  Rates  of  fare. 

§ 103.  Prepayment  of  fare. 

§ 104.  Disputed  fares. 

§ 105.  Over-charge. 

§ 106.  Cruising”;  soliciting. 

§ 107.  Articles  found  in  hacks. 

§ 108.  Public  garages. 

§ 109.  Violations. 

This  article  is  taken  from  the  Ord.  of  June  2,  1913,  which  was  held  valid  in  Yellow 
Taxicab  Co.  v.  Gaynor,  82  Misc.  94,  aff’d  159  App.  Div.  893;  followed  144  Supp. 
300. 

Sec.  80.  Definitions. — Unless  otherwise  expressly  stated,  whenever 
used  in  this  article,  the  following  terms  shall  respectively  be  deemed 
to  mean: 

1.  Public  hacky  a vehicle  plying  for  hire,  for  which  public  patron- 
age is  solicited  upon  the  streets; 

2.  Cab,  a public  hack  so  designed  and  constructed  as  comfortably 
to  seat  in  the  opinion  of  the  commissioner  of  licenses  not  more  than 
two  persons  inside  thereof; 

3.  Coach,  a public  hack  so  designed  and  constructed  as  comfort- 
ably to  seat  in  the  opinion  of  the  commissioner  of  licenses  4 or  more 
persons  inside  thereof ; 


LICENSES 


235 


4.  Sightseeing  car^  a motor-driven  vehicle  designed  to  carry  7 or 
more  persons  from  a fixed  locality  to  points  of  interests  about  the  city. 

5.  Taximeter^  a mechanical  instrument  or  device  by  which  the 
charge  for  hire  of  a public  hack  is  mechanically  calculated,  either 
for  distance  traveled  or  for  waiting  time,  or  for  both,  and  upon  which 
such  charge  shall  be  indicated  by  means  of  figures; 

6.  Little  taxicab y a cab  driven  by  mechanical  power  on  which  a 
taximeter  is  affixed; 

7.  Taxicab,  a coach  driven  by  mechanical  power  on  which  a taxi- 
meter is  affixed.  Any  vehicle  that  has  a taximeter  affixed  and  uses 
the  streets  of  the  city  for  the  purpose  of  carrying  passengers  for  hire, 
shall  be  deemed  a public  hack  and  must  be  licensed  under  this  article. 
(Ord.  June  2,  1913.) 

The  last  paragraph  of  this  section  was  an  amendment  passed  Dec.  15,  1914,  and 
is  in  litigation.  See  Cohahan,  J.,  in  Mason-Seaman  Transp.  Co.  v.  Mitchell,  Sup. 
Ct.  N.  Y.  Law  Journal,  Feb.  10,  1915. 

Hotel  omnibus  conveying  guests  of  a hotel  to  and  from  station  free  of  charge  is 
not  a “public  conveyance.”  City  of  Oswego  v.  Collins,  38  Hun,  171. 

§ 81.  Exemptions. — This  article  shall  not  apply  to  any  omni- 
bus running  by  authority  of  any  ordinance,  law,  or  permit  upon  a 
fixed  route  through  the  city.  (Ord.  June  2,  1913.) 

§ 82.  Jurisdiction. — The  licensing  and  inspecting  of  public  hacks, 
the  inspecting  and  sealing  of  taximeters,  the  examining  of  applicants 
for  licenses  to  drive  such  public  hacks,  and  the  licensing  of  drivers, 
as  hereinafter  provided  in  this  article,  and  the  enforcing  of  the  pro- 
visions of  this  article,  shall  be  under  the  control  of  the  commissioner 
of  licenses.  The  commissioner  is  hereby  empowered  to  appoint 
such  inspectors  as  may  be  found  necessary  to  carry  out  the  provisions 
of  this  article,  who  shall  be  paid  such  compensation  as  shall  be  fixed 
by  law.  (Ord.  June  2,  1913.) 

The  powers  vested  here  in  the  Commissioner  of  Licenses,  were  formerly  vested 
in  the  Mayer  and  the  Bureau  of  Licenses,  which  was  under  his  immediate  control. 

The  power  of  the  Mayor  to  license  vehicles  in  general  is  discretionary,  as  the 
object  of  the  ordinance  is  not  so  much  to  raise  a tax  as  to  preserve  good  order. 
People  V.  Mayor,  etc.,  of  New  York,  7 How.  Pr.  81.  No  permit  could  be  granted 
for  hacks  to  stand  in  front  of  private  property,  or  other  than  general  public  hack 
stands,  without  the  consent  of  the  owner  of  the  property  affected.  McCaffrey  v. 
Smith  (Village  of  Saratoga),  41  Hun,  117.  But  where  the  owner  consents  and  there 
is  no  nuisance  created  hackmen  may  reasonably  use  the  public  highway  (Holland 
House  and  Waldorf).  People  ex  rel.  Thompson  v.  Brookfield,  6 App.  Div.  398. 
And  a party  having  a special  license  to  stand  in  front  of  a restaurant  and  hotel 
(Rector’s)  may  enjoin  others  from  using  it  as  a hack  stand.  Odell  v.  Bretney,  62 
App.  Div.  595,  93  App.  Div.  607.  But  to  justify  issuing  such  a special  license  there 
must  be  a special  necessity  for  its  issuance.  Odell  v.  Bretney,  38  Misc.  603.  Where 
a livery  stable  keeper  in  New  Jersey  sends  cabs  to  Brooklyn  to  meet  transatlantic 
steamers  no  license  is  required.  City  of  New  York  v.  Hexamer,  59  App.  Div.  4. 
A hackman  has  no  power  to  carry  on  his  business  in  the  public  streets  where  it  is 
forbidden.  People  v.  Commissioner  of  Saratoga  Springs,  90  App.  Div.  555.  The 
“special  licenses”  formerly  granted  were  abolished.  Odell  v.  Bretney,  dist.;  Hef- 
feron  v.  N.  Y.  Taxicab  Co.,  146  App.  Div.  311. 

§ 83.  License  for  vehicle,  application  for. — No  public  hack  shall 
ply  for  hire  upon  the  streets  of  the  city  without  first  obtaining  a 
license  from  the  commissioner.  Such  licenses  shall  be  issued  as  of 
February  1,  and  shall  expire  on  the  January  31,  next  succeeding, 
unless  sooner  suspended  or  revoked  by  the  commissioner.  Appli- 
cations for  licenses  for  public  hacks  shall  be  made  by  the  owner  upon 
blank  forms  to  be  furnished  by  the  department  of  licenses,  and  such 
applications  shall  contain  the  full  name  and  address  of  the  owner. 


286  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

the  class  of  the  vehicle  for  which  the  license  is  desired,  the  length 
of  time  the  vehicle  has  been  in  use,  the  number  of  persons  it  is  capable 
of  carrying,  and,  if  a motor-driven  vehicle,  the  motor  power  thereof. 
(Ord.  June  2,  1913.) 

A cab  with  flag  up  is  *'  plying  for  hire  ” and  must  be  licensed.  People  v. 
Milne,  86  Misc.  417. 

§ 84.  Inspection  before  licensing  vehicle. — No  vehicle  shall  be  li- 
censed until  it  has  been  thoroughly  and  carefully  inspected  and  ex- 
amined, and  found  to  be  in  thoroughly  safe  condition  for  the  trans- 
portation of  passengers;  clean,  fit,  of  good  appearance,  and  well 
painted  and  varnished.  The  commissioner  shall  make,  or  have 
made,  by  his  deputies  or  inspectors,  such  examination  and  inspection 
before  issuing  a license.  The  commissioner  shall  refuse  a license  to, 
or  if  already  issued,  revoke  or  suspend  the  license  of  any  vehicle 
found  by  him  to  be  unfit  or  unsuited  for  public  patronage.  He 
shall  examine  any  taximeter  attached  to  any  public  hack  and 
see  that  the  same  is  accurate  before  issuing  a license  to  the  hack. 
The  commissioner  is  hereby  authorized  and  empowered  to  estab- 
lish reasonable  rules  and  regulations  for  the  inspection  of  public 
hacks  and  their  appurtenances,  construction,  and  condition  or 
fitness.  (Ord.  June  2,  1913.) 

§ 85.  License  card  and  plate. — If,  upon  inspection,  a public  hack 
is  found  to  be  of  lawful  construction  and  in  proper  condition,  in 
accordance  with  the  provisions  of  this  article  and  the  rules  and 
regulations  established  hereunder,  and  upon  payment  of  the  license 
fees  hereinafter  set  forth,  the  same  shall  be  licensed,  by  delivering 
to  the  owner  a card  of  such  size  and  form  as  may  be  prescribed  by 
the  commissioner.  The  card  shall  contain  the  official  license  number 
of  the  hack,  together  with  the  date  of  inspection  of  the  same,  and  a 
statement  to  the  effect  that,  in  case  of  any  complaint,  the  commis- 
sioner shall  be  notified,  giving  the  license  number  of  the  hack.  Such 
card  shall  be  signed  by  the  commissioner  or  his  deputy,  and  shall 
contain  blank  spaces  upon  which  an  entry  shall  be  made  of  the  date 
of  every  inspection  of  the  vehicle  by  the  inspector.  License  cards 
shall  be  of  a distinctly  different  color  each  year,  and,  in  the  case  of 
public  hacks  driven  by  mechanical  power,  the  license  number  as- 
signed hereunder  shall,  in  each  case,  be  the  same  as  that  assigned 
to  the  vehicle  for  that  year,  pursuant  to  law.  The  commissioner,  or 
a duly  authorized  subordinate,  shall  also  affix,  to  a conspicuous  and 
indispensable  part  of  each  public  hack,  a small  plate  not  exceeding 
6 inches  in  diameter,  which  shall  bear  the  license  number  of  the  ve- 
hicle. The  design  of  such  plates  shall  be  changed  annually.  (Ord. 
June  2,  1913.) 

§86.  Fees  for  licensing  vehicles;  refunds. — 1.  Schedide.  The  follow- 


ing license  fees  shall  be  paid: 

For  each  cab $5  00 

For  each  coach  and  each  sightseeing  car 10  00 


Such  license  fees  shall  be  in  lieu  of,  and  not  in  addition  to,  any 
fees  heretofore  established,  and  except  as  above  provided  no  charge 
shall  be  made.  In  the  case  of  licenses  issued  on  or  after  August  I, 
in  each  year  hereafter,  one-half  only  of  the  above  fees  shall  be  paid. 

2.  Refunds.  The  comptroller  is  hereby  authorized  to  make  a 
pro  rata  refund  to  the  holders  of  licenses  the  operation  of  which  said 


LICENSES 


237 


licenses  was  superseded  by  the  new  licenses  issued  under  the  public 
hack  ordinance  that  became  effective  August  1,  1913.  Applications 
for  refund  under  this  provision  shall  first  be  presented  in  writing  to 
the  commissioner  of  licenses,  together  with  the  original  license 
superseded  by  the  new  license  or  satisfactory  evidence  that  the  old 
license  has  been  lost  or  destroyed,  and  no  refund  shall  be  made  in  any 
case  that  the  commissioner  shall  not  first  certify  to  the  comptroller 
that  the  applicant  has  paid  the  fee  prescribed  by  law  prior  to  Au- 
gust 1,  1913,  and  that  a certain  specified  part  of  the  term  of  the 
license  had  not  expired  on  said  August  1,  1913.  Refunds  under  this 
provision  shall  be  made  by  the  comptroller  from  the  Sinking  Fund 
for  the  Redemption  of  City  Debt  No.  1,  when  authorized  by  resolu- 
tion of  the  commissioners  of  the  sinking  fund.  (Ord.  July  14,  1914.) 

§ 87.  Register  of  licensed  vehicles. — The  commissioner  shall  keep  a 
register  of  the  name  of  each  person  owning  or  operating  a vehicle 
licensed  under  this  article,  together  with  the  license  number  and  the 
description,  make  and  necessary  dimensions  of  such  vehicle,  with  the 
date  and  complete  record  of  inspections  made  of  it.  Such  records 
shall  be  open  to  the  inspection  of  the  public  at  all  reasonable  times, 
and  shall  be  public  records,  extracts  of  which  may  be  certified,  for  use 
as  evidence,  by  the  commissioner  or  one  of  his  deputies.  (Ord. 
June  3,  1913.) 

§ 88.  Inspection  of  licensed  hacks. — The  commissioner  shall  main- 
tain constant  vigilance  over  all  public  hacks,  to  see  that  they  are 
kept  in  a condition  of  continued  fitness  for  public  use,  and,  to  this 
end,  the  commissioner  through  his  deputies  and  inspectors,  shall 
inspect  all  public  hacks,  from  time  to  time,  or  on  the  complaint  of 
any  citizen,  as  often  as  may  be  necessary.  Reports  in  writing  of  all 
inspections  shall  promptly  be  made  to  the  commissioner.  (Ord. 
June  2,  1913.) 

§ 89.  Suspension  and  revocation  of  hack  licenses. — Licenses,  granted 
under  this  article,  may  be  revoked  or  suspended  at  any  time  by  the 
commissioner  if  the  vehicle  shall  not  be  in  good  condition  and  appear- 
ance, clean  and  safe;  and,  in  case  of  horse-drawn  vehicles,  if  the 
horse  or  horses  are  unfit  for  use.  Licenses  when  so  suspended  or 
revoked  shall  not  be  reissued  until  the  vehicle  and  all  its  appurte- 
nances shall  be  put  in  fit  condition  for  use  by  the  public,  to  the 
satisfaction  of  the  commissioner.  (Ord.  June  2,  1913.) 

§ 90.  Drivers'  licenses;  applications  for. — Every  person  driving  a 
public  hack  must  be  licensed  as  such.  Each  applicant  for  a driver^s 
license  must — 

(a)  Be  of  the  age  of  21  years  or  over; 

(b)  Be  of  sound  physique,  with  good  eyesight  and  not  subject  to 
epilepsy,  vertigo,  heart  trouble,  or  any  other  infirmity  of  body  or 
mind  which  might  render  him  unfit  for  the  safe  operation  of  a public 
hack; 

(c)  Be  able  to  read  and  write  the  English  language; 

(d)  Be  clean  in  dress  and  person  and  not  be  addicted  to  the  use  of 
intoxicating  liquors; 

(e)  Produce,  on  forms  to  be  provided  by  the  department,  affidavits 
of  his  good  character  from  two  reputable  citizens  of  the  city  who  have 
known  him  personally  and  observed  his  conduct  during  one  year 
next  preceding  the  date  of  his  application,  and  a further  testimonial. 


238  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

on  a form  provided  for  that  purpose,  from  his  last  employer,  unless, 
in  the  estimation  of  the  commissioner,  sufficient  reason  is  given  for 
its  omission ; 

(f)  Fill  out,  upon  a blank  form  to  be  provided  by  the  department, 
a statement  giving  his  full  name,  residence,  places  of  residence  for 
5 years  previous  to  moving  to  his  present  address,  age,  color,  height, 
color  df  eyes  and  hair,  place  of  birth,  length  of  time  he  has  resided  in 
the  city,  whether  a citizen  of  the  United  States,  places  of  previous 
employment,  whether  married  or  single,  whether  he  has  ever  been 
convicted  of  a felony  or  a misdemeanor,  whether  he  has  been  sum- 
moned to  court,  whether  he  has  previously  been  licensed  as  a driver 
or  chauffeur,  and  if  so,  whether  his  license  has  ever  been  revoked, 
and  for  what  cause,  which  statement  shall  be  signed  and  sworn  to 
by  the  applicant  and  filed  in  the  department,  as  a permanent  record. 
Any  false  statement  made  by  applicant  for  a license  shall  be  promptly 
reported  by  the  commissioner  to  the  district  attorney  of  the  county 
in  which  the  application  was  made. 

The  commissioner  is  hereby  authorized  and  empowered  to  estab- 
lish such  additional  rules  and  regulations  governing  the  issue  of 
drivers’  licenses,  not  inconsistent  herewith,  as  may  be  necessary  and 
reasonable.  (Ord.  June  2, 1913.) 

§ 91.  Examination  of  drivers. — Each  applicant  for  driver’s  license 
under  the  provisions  of  this  article  shall  be  examined,  by  a person 
designated  by  the  commissioner,  as  to  his  knowledge  of  the  provi- 
sions of  this  article,  the  traffic  regulations,  and  the  geography  of  the 
city,  and,  if  the  result  of  the  examination  be  unsatisfactory,  he 
shall  be  refused  a license.  Each  such  applicant  must,  if  required  by 
the  commissioner,  demonstrate  his  skill  and  ability  to  safely  handle 
his  vehicle,  by  driving  it  through  a crowded  section  of  the  city, 
accompanied  by  an  inspector  of  the  department.  (Ord.  June  2, 
1913.) 

§ 92.  Photograph  of  driver. — Each  applicant  for  a driver’s  license 
must  file  with  his  application  2 recent  photographs  of  himself,  of  a 
size  which  may  be  easily  attached  to  his  license,  one  of  which  shall  be 
attached  to  the  license  when  issued,  the  other  shall  be  filed  with  the 
application  in  the  department.  The  photograph  shall  be  so  attached 
to  the  license  that  it  camiot  be  removed  and  another  photograph 
substituted  without  detection.  Each  licensed  driver  shall,  upon 
demand  of  an  inspector  of  licenses,  a policeman,  or  a passenger 
exhibit  his  license  and  photograph  for  inspection.  Where  the  applica- 
tion for  a license  is  denied,  the  photograph  shall  be  returned  to  the 
applicant  by  the  department.  (Ord.  June  2, 1913.) 

§ 93.  Form  and  terms  of  drivers  license. — Upon  satisfactory  ful- 
fillment of  the  foregoing  requirements,  there  shall  be  issued  to  the 
applicant  a license,  which  shall  be  in  such  form  as  to  contain  the 
photograph  and  signature  of  the  licensee,  and  blank  spaces  upon 
which  a record  may  be  made  of  any  arrest  of  or  serious  complaint 
against  him.  Any  licensee  who  defaces,  removes  or  obliterates  any 
official  entry  made  upon  his  license  shall  be  punished  by  the  revoca- 
tion of  his  license.  Drivers’  licenses  shall  be  issued  as  of  February  1, 
in  each  and  every  year,  and  shall  be  valid  to  and  including  the  31st 
day  of  January  next  succeeding.  (Ord.  June  2, 1913.) 

§ 94.  Drivers  badge. — There  shall  be  delivered  to  each  licensed 


LICENSES 


239 


driver  a metal  badge,  of  such  form  and  style  as  the  commissioner 
may  prescribe,  with  his  license  number  thereon,  which  must,  under 
penalty  of  revocation  of  the  license,  be  constantly  and  conspicuousl}" 
displayed  on  the  outside  of  the  driver^s  coat  when  he  is  engaged  in 
his  employment.  (Ord.  June  2,  1913.) 

§ 95.  Renewal  of  drivers'  licenses. — The  commissioner  may  renew 
a driver’s  license,  from  year  to  year,  by  appropriate  endorsement 
thereon.  A driver  in  applying  for  a renewal  of  his  license  shall 
make  such  application,  upon  a form  to  be  furnished  by  the  depart- 
ment, entitled  “Application  for  Renewal  of  License,”  which  shall 
be  filled  out  with  the  full  name  and  address  of  the  applicant,  together 
with  a statement  of  the  date  upon  which  his  original  license  was 
granted  and  the  number  thereof.  (Ord.  June  2,  1913.) 

§ 96.  Fees  for  drivers'  licenses. — The  following  license  fees  shall 
be  paid  for  drivers’  licenses:  For  each  original  license,  $1;  for  each 
renewal  thereof,  50  cents.  (Ord.  June  2,  1913.) 

§ 97.  Suspension  or  revocation  of  drivers'  licenses. — Drivers’  li- 
censes may  be  suspended  or  revoked  at  any  time  by  the  mayor, 
the  commissioner  or  any  city  magistrate.  Any  such  suspension  shall 
be  noted  on  the  license,  together  with  a statement  of  the  reasons 
therefor,  and  the  driver  shall  be  deprived  of  his  badge  by  the  official 
suspending  or  revoking  such  license.  When  the  license  is  suspended 
or  revoked  by  an  official  other  than  the  commissioner,  the  driver’s 
badge  and  a note  of  the  revocation  or  suspension  shall  be  forthwith 
forwarded  to  the  commissioner;  the  badge  to  be  returned  at  the  ex- 
piration of  the  period  for  which  the  license  was  suspended.  A second 
suspension  for  the  same  reason,  or,  in  any  case,  a third  suspension 
of  a driver’s  license,  shall  revoke  the  license.  No  driver  whose 
license  has  been  revoked  shall  again  be  licensed  as  a public  hack 
driver  in  the  city.  Whenever  a license  is  suspended  or  revoked  by  a 
city  magistrate,  notice  of  such  revocation,  with  the  cause  thereof, 
shall  be  forwarded  to  the  commissioner.  The  commissioner  shall 
notify  the  police  department  whenever  such  a license  is  revoked. 
(Ord.  June  2,  1913.) 

§98.  Record  of  drivers'  licenses. — There  shall  be  kept  in  the  de- 
partment a complete  record  of  each  license  issued  to  a driver,  and 
of  all  renewals,  suspensions  and  revocations  thereof,  which  record 
shall  be  kept  on  file  with  the  original  application  of  the  driver  for 
a license.  (Ord.  June  2,  1913.) 

§ 99.  Hack  stands. — 1.  Former  stands  abolished.  All  public  hack 
stands  heretofore  designated  by  the  board  of  aldermen  are  hereby 
abolished.  All  special  hack  stands  are  hereby  abolished  and  licenses 
for  the  same  shall  not  be  issued  hereafter. 

2.  Designation  of  stands.  The  commissioner  is  hereby  authorized 
to  locate  and  designate,  as  public  hack  stands,  the  space  alongside  the 
curb  adjacent  to  property  used  as  public  parks,  public  buildings, 
railroad  stations,  steamship  and  ferry  landings,  hotels,  restaurants, 
theatres,  and  the  centre  of  any  street  where  the  roadway,  exclusive 
of  the  sidewalk,  is  30  feet  in  width  or  more.  The  commissioner 
may  also  designate  the  space  beside  the  curb,  adjacent  to  subway 
entrances  and  elevated  railway  steps,  as  stands  for  a limited  num- 
ber of  public  hacks.  The  commissioner  shall  further  designate 
the  number  of  such  public  hacks  that  shall  be  allowed  to  stand  at 


240  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

any  of  the  places  designated  by  him,  and  the  department  shall  pro- 
vide a metal  sign,  which  shall  be  attached  to  a post  or  stanchion 
adjacent  to  the  said  stand,  and  on  which  sign  shall  be  placed  the 
number  and  kind  of  vehicles  allowed  on  that  particular  hack  stand. 
Owners  of  any  property  may  apply  to  the  commissioner  for  the 
establishment  of  a public  hack  stand,  adjacent  to  their  premises, 
stating  in  said  application  the  number  of  public  hacks  they  desire 
to  come  on  said  stand,  and  also  the  kind  of  locomotion  to  be  used, 
whether  gasoline,  electric  motor  or  horses.  Such  application  shall 
be  granted  solely  in  the  discretion  of  the  commissioner,  and  may 
be  revoked  by  him  at  any  time.  There  shall  be  delivered  to  the 
owner  of  the  property  making  such  application  a metal  sign,  to  be 
fixed  to  a stanchion  on  the  curb  or  other  conspicuous  place,  setting 
forth  the  kinds  of  public  hacks  and  the  number  thereof  that  will 
be  allowed  on  said  stand. 

3.  Restriction,  The  commissioner  may  not  establish  a public 
hack  stand  in  the  centre  of  any  street,  opposite  to  the  premises 
where  the  owner  has  appHed  for  and  received  the  permit  last  above 
mentioned,  during  the  time  such  permit  is  in  operation.  (Ord. 
June  2,  1913.) 

The  special  hack  stands  abolished  in  Subd.  1 were  held  legal  in  City  of  N.  Y.  v. 
Reesing,  38  Misc.  129,  aff’d,  77  App.  Div.  417.  Power  to  designate  stands  must  be 
used  with  discretion,  cannot  authorize  creation  of  a private  nuisance.  Masterson 
V.  Short,  35  How.  Pr.  169. 

As  to  hack  stands  see  notes  in  14  L.  R.  A.  557;  25  L.  R.  A.  (N.  S.)  403;  33  L. 
R.  A.  (N.  S.)  471. 

§ 100.  Regulation  of  hacks  at  stands. — Only  public  hacks,  in  such 
numbers  and  of  such  kinds  as  are  set  forth  on  the  metal  sign,  may 
remain  at  the  stand  while  waiting  for  employment,  and  only  in  single 
file,  pointed  in  accordance  with  the  traflSc  regulations.  No  public 
hack  standing  at  the  head  of  any  such  line  shall  refuse  to  carry 
any  orderly  person  applying  for  a hack,  who  agrees  to  pay  the  proper 
rate  of  fare;  but  this  shall  not  prevent  any  person  from  selecting 
any  hack  he  may  desire  on  the  stand,  whether  it  be  at  the  head  of 
the  line  or  not.  As  the  hacks  leave  the  line  with  passengers,  those 
behind  shall  move  up,  and  any  public  hack,  seeking  a space  on  the 
stand,  shall  approach  the  same  only  from  the  rear  of  the  stand  and 
shall  stop  as  near  as  possible  to  the  last  cab  already  on  the  line.  No 
public  hack  shall  stand  at  the  curb  within  15  feet  of  the  entrance  to 
any  building  adjacent  to  a hack  stand  located  and  designated  by 
the  commissioner,  in  accordance  with  the  first  sentence  of  the  second 
subdivision  of  the  preceding  section;  which  shall  be  determined  by 
measuring  15  feet  on  each  side  of  the  point  on  the  curb  opposite 
the  middle  of  the  entrance  to  the  adjacent  building.  No  hack  shall 
stand  within  5 feet  of  any  crosswalk. 

The  commissioner  may  suspend  or  revoke  the  license  of  any  public 
hack  driver  who  shall  stand  in  front  of  the  entrance  of  any  building, 
within  the  prohibited  space,  after  his  passengers  desiring  to  leave 
have  alight^,  or  who  shall  attempt  to  stand  in  said  prohibited  space 
waiting  for  passengers,  or  who  shall  violate  any  of  the  other  provi- 
sions of  this  section.  (Ord.  June  2,  1913.) 

§ 101.  Taximeters. — 1.  When  required.  Every  public  hack  driven 
by  mechanical  power,  seating  4 passengers  or  less,  shall  have  affixed 
thereto  a taximeter  of  a size  and  design  approved  by  the  commis- 


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241 


sioner.  Motor  driven  vehicles,  with  7 passenger  or  5 passenger  open 
touring  car  bodies,  may  be  licensed  as  public  coaches  and  public 
cabs,  respectively. 

2.  Inspection.  No  license  shall  be  issued  to  a public  hack  until  the 
taximeter  attached  thereto  shall  have  been  inspected  and  found  to 
be  accurate. 

3.  Inaccuracy.  No  person  shall  use  or  permit  to  be  used  upon  any 
public  hack  a taximeter  which  shall  be  in  such  condition  as  to  be  over 
5 per  cent,  incorrect,  to  the  prejudice  of  any  passenger. 

4.  W heel-operated j prohibited.  No  taximeter  affixed  to  a public 
hack  propelled  by  steam,  gasolene,  electricity,  or  other  motor  power, 
shall  be  operated  from  any  wheel  to  which  the  power  is  applied. 

5.  Illumination  of  dial.  After  sundown,  the  face  of  every  taximeter 
shall  be  illuminated  by  a suitable  light,  so  arranged  as  to  throw  a 
continuous,  steady  light  thereon. 

6.  Case  to  he  sealed.  No  person  shall  use  or  permit  to  be  used,  or 
drive  for  hire,  a public  hack  equipped  with  a taximeter  the  case  of 
which  is  unsealed  and  not  having  its  cover  and  gear  intact. 

7.  False  signal.  No  driver  of  a public  hack  equipped  with  a 
taximeter  or  other  similar  device,  while  carrying  passengers  or  under 
employment,  shall  display  the  signal  affixed  to  such  taximeter  or 
other  similar  device  in  such  position  as  to  denote  such  vehicle  is  not 
employed,  or  in  such  position  as  to  denote  that  he  is  employed  at 
a rate  of  fare  different  from  that  to  which  he  is  entitled  under  the 
provisions  of  this  article. 

8.  Unapproved  taximeter.  No  person  shall  drive  a public  hack  to 
which  is  attached  a taximeter  chat  has  not  been  duly  inspected  and 
approved. 

9.  Violations.  A violation  of  any  of  the  provisions  of  this  section 
shall  render  the  offender  or  offenders  liable,  upon  conviction  before 
any  city  magistrate,  to  a fine  of  not  more  than  $50  for  each  and  every 
offense,  and.  in  default  of  payment  of  such  fine,  he  may  be  committed 
to  prison  until  the  same  shall  be  paid,  but  such  imprisonment  shall 
not  exceed  10  days.  (Ord.  June  2,  1913.) 

§ 102.  Rates  of  fare. — The  maximum  rates  of  fare  for  public  hacks 


shall  be  as  follows: 

1 . Motor  vehicles  y except  * ‘ sight-seeing  ’ ^ cars — 

For  not  more  than  two  passengers: 

For  the  first  half-mile,  or  any  fraction  thereof $0  30 

For  each  succeeding  one-quarter  mile,  or  any  fraction  thereof . 10 

For  3 or  more  passengers: 

For  the  first  half-mile,  or  any  fraction  thereof 40 

For  each  succeeding  one-sixth  mile,  or  any  fraction  thereof.  10 

2.  Sight-seeing  cars — 


No  rates  are  hereby  established  for  sight-seeing  cars,  but  a schedule 
of  the  rates  charged  for  each  trip  shall,  before  the  trip,  be  prom- 
inently displayed  upon  the  car,  and  a charge  greater,  or  attempt  to 
charge  any  passenger  a sum  greater  than  that  set  forth  in  said  sched- 
ules, shall  be  deemed  a violation  of  this  article. 

3.  Horse-drawn  vehicles — 

For  cabs: 

For  the  first  mile,  or  any  fraction  thereof $0  50 

For  each  succeeding  one-half  mile,  or  any  fraction  thereof ....  20 

16 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


For  coaches: 

For  the  first  mile,  or  any  fraction  thereof $ 70 

For  each  succeeding  one-half  mile,  or  any  fraction  thereof ....  30 

4.  Hourly  rates  (applying  only  to  horse-drawn  vehicles  when 
shopping  or  calling;  not  including  park  or  road  driving,  nor  driving 
more  than  5 miles  from  starting  point) : 

For  the  first  hour,  or  any  part  thereof $1  50 

For  each  additional  one-half  hour 50 

5.  Miles,  in  Manhattan.  In  case  of  public  hacks  on  which  tax- 
imeters are  not  affixed,  when  driving  on  the  numbered  streets,  or 
numbered  and  lettered  avenues,  in  the  borough  of  Manhattan,  20 
blocks  north  and  south,  and  7 blocks  between  the  numbered  and 
lettered  avenues  constitute  a mile  for  the  purpose  of  this  ordinance; 
this  provision  shall  be  set  forth  on  the  rate  card  hereinafter  required. 

6.  Applying  generally: 

(a)  For  waiting  time  at  the  rate  of  $1.50  per  hour; 

(b)  For  each  piece  of  luggage  carried  outside,  20  cents.  No  charge 
shall,  however,  be  made  for  hand  bags  and  suit  cases; 

(c)  Ferriage  and  tolls  in  all  cases  to  be  paid  by  the  party  using  the 
vehicle. 

A copy  of  the  foregoing  rates  of  fare  shall  be  furnished  by  the 
department  to  each  public  hack,  and  shall  at  all  times  be  pasted  in  a 
conspicuous  place  in  the  inside  thereof.  The  department  shall 
provide  each  public  hack  with  a printed  receipt  pad,  and  every  public 
hackman  shall  keep  on  hand  a supply  thereof,  and  shall,  whenever 
requested,  give  a passenger  a receipt,  on  such  official  form,  for  the 
fare  paid.  Nothing  herein  contained  is  designed  to  prevent  a person 
from  making  an  agreement  with  the  owner  of  the  public  hack  to 
furnish  him  with  transportation,  at  a rate  to  be  agreed  upon  between 
them,  for  a day,  week  or  month.  But  the  person  with  whom  the 
owner  of  the  public  hack  makes  such  an  agreement  is  not  at  liberty 
to  hire  out  the  vehicle  to  another  person.  (Ord.  June  2,  1913.) 

§ 103.  Prepayment  of  fare. — Every  driver  of  a public  hack  shall 
have  the  right  to  demand  payment  of  the  legal  fare  in  advance, 
and  may  refuse  employment  unless  so  prepaid,  but  no  driver  of  a 
public  hack  shall,  otherwise,  refuse  or  neglect  to  convey  any  orderly 
person  or  persons  upon  request  anywhere  in  the  city,  unless  pre- 
viously engaged  or  unable  to  do  so.  No  driver  of  a licensed  hack 
shall  carry  any  other  person  than  the  passenger  first  employing  a 
hack,  without  the  consent  of  said  passenger.  (Ord.  June  2,  1913.) 

§ 104.  Disputed  fares. — All  disputes  as  to  fares  shall  be  determined 
by  the  officer  in  charge  of  the  police  station  nearest  to  the  place  where 
the  dispute  is  had;  failure  to  comply  with  such  determination  shall 
subject  the  offending  party  to  a charge  of  disorderly  conduct,  pun- 
ishable by  a fine  of  not  exceeding  $10,  or,  in  default  of  payment 
thereof,  by  imprisonment  for  not  more  than  10  days.  (Ord.  June  2, 
1913.) 

§ 105.  Over-charge. — No  person  shall  charge  or  attempt  to  charge 
any  passenger  a greater  rate  of  fare  than  that  to  which  the  public 
hack  is  entitled,  under  the  provisions  of  this  article.  (Ord.  June  2, 
1913.) 

§ 106.  ^'Cruising’';  soliciting. — No  public  hack,  w’hile  waiting 
employment  by  passengers,  shall  stand  on  any  public  street  or  place 


LICENSES 


243 


other  than  at,  or  upon  a public  hack  stand,  designated  or  established 
in  accordance  with  this  article;  nor  shall  any  driver  of  such  hack 
seek  employment  by  repeatedly  and  persistently  driving  his  hack 
to  and  fro  in  a short  space  before  or  by  otherwise  interfering  with 
the  proper  and  orderly  access  to  or  egress  from,  any  theatre,  hall, 
hotel,  public  resort,  railway  or  ferry  station  or  other  place  of  public 
gathering;  but  any  hackman  may  solicit  employment  by  driving 
through  any  public  street  or  place  without  stops,  other  than  those 
due  to  obstruction  of  traffic,  and  at  such  speed  as  not  to  interfere 
or  impede  traffic,  and  may  pass  and  repass  before  any  theatre,  hall, 
hotel,  public  resort,  railway  or  ferrj^  station,  or  other  place  of  public 
gathering;  provided  that,  after  passing  such  public  place,  he  shall 
not  turn  and  repass  until  he  shall  have  gone  a distance  of  2 blocks 
upon  the  streets  and  highways  of  the  city,  and  no  person  shall  solicit 
passengers  for  a public  hack,  except  the  driver  of  a public  hack, 
when  sitting  upon  the  driver’s  box  of  his  vehicle.  No  person  shall 
be  allowed  to  ride  on  the  box  with  the  driver.  (Ord.  June  2,  1913.) 

As  to  “sight-seeing”  cars,  see  Duell,  C.  M.,  in  People  v.  Greene,  N.  Y.  Law 
Journal,  Dec.  1,  1914. 

§ 107.  Articles  found  in  hacks. — Every  driver  of  a public  hack, 
immediately  after  the  termination  of  any  hiring  or  employment, 
must  carefully  search  such  hack  for  any  property  lost  or  left  therein, 
and,  any  such  property,  unless  sooner  claimed  or  delivered  to  the 
owner,  must  be  taken  to  the  nearest  police  station  and  deposited 
with  the  officer  in  charge,  within  24  hours  after  the  finding  thereof, 
and  the  officer  to  whom  such  report  shall  be  made,  shall  forward  a 
written  notice  to  the  department  of  licenses,  with  brief  particulars 
and  description  of  the  property.  (Ord.  June  2,  1913.) 

§ 108.  Public  garages. — 1.  Definition.  A public  garage  is  hereby 
defined  as  a place  in  which  space  is  rented  for,  or  in  which  are  stored, 
motor  vehicles  of  any  kind  whatever  to  be  let  for  hire  at  any  time. 

2.  Record  of  cars  and  chauffeurs.  Each  and  every  keeper  of  a 
public  garage  shall  record  in  a book  kept  solely  for  such  purpose, 
the  time  of  departure  from  such  garage  of  every  motor  vehicle  kept 
for  hire,  giving  the  names  and  addresses  of  the  owner  and  driver 
thereof,  the  name  and  class  of  vehicle,  the  license  number  of  the 
driver  and  the  license  number  of  the  vehicle;  and  the  time  of  the 
return  to  the  garage  of  each  such  vehicle  shall  also  be  entered  in 
said  book.  Said  record  book  shall  be  open  for  inspection  at  all 
times  to  the  representatives  of  the  police  department  and  the  de- 
partment of  licenses. 

3.  Violations,  Any  person,  either  keeper  or  acting  as  keeper  of  a 
public  garage,  guilty  of  a violation  of  this  ordinance,  or  any  part 
thereof,  shall,  upon  conviction  thereof  be  fined  as  follows:  For  the 
first  offense  in  a sum  not  less  than  $10,  and  in  default  of  payment 
of  such  fine  he  may  be  committed  to  the  City  Prison,  each  day  of 
such  committal  to  be  taken  as  liquidation  of  $1  of  such  fine;  for 
the  second  offense  in  a sum  not  less  than  $25,  and  in  default  of  pay- 
ment of  such  fine  committal  to  the  City  Prison,  each  day  of  such 
committal  to  be  taken  as  liquidation  of  $1  of  such  fine,  or  both. 
(Ord.  Sept.  24,  1913.) 

§ 109.  Violations. — 1.  Owners.  Any  owner  or  driver  of  a vehicle, 
not  licensed  and  equipped  in  accordance  with  the  provisions  of  this 


244 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


article,  or  of  a vehicle  the  license  of  which  has  been  suspended  or 
revoked,  who  engages  in  the  business  of  a public  hack,  as  defined 
hereby,  or  attempts  to  engage  in  such  business,  or  solicits  for  hire 
passengers  upon  the  streets  shall,  upon  conviction  before  any  city 
magistrate,  be  punished  by  a fine  of  not  over  $50,  or  imprisonment 
not  exceeding  30  days,  or  both. 

2.  Drivers.  Any  person,  not  having  been  duly  licensed  as  a public 
hack  driver,  or  any  person  whose  license  as  such  driver  has  been 
revoked,  or  any  person  whose  license  has  been  suspended  and  who, 
during  the  time  of  such  suspension,  drives  for  hire  a public  hack 
upon  the  streets,  shall,  upon  conviction  before  any  city  magistrate, 
be  punished  by  a fine  of  not  over  $50  or  imprisonment  for  a term 
not  exceeding  30  days,  or  both. 

3.  Miscellaneous.  Upon  the  conviction  of  any  person  for  any  viola- 
tion of  a provision  of  this  article,  for  which  no  punishment  is  specif- 
ically provided,  he  or  she  shall  be  punished  as  provided  in  § 10  of 
chapter  27  of  this  ordinance. 

4.  Suspension  or  revocation  of  licenses.  In  addition  to  the  fine, 
imprisonment,  or  both,  authorized  by  any  subdivision  of  this  sec- 
tion, any  licensee  shall  be  subject  to  the  suspension  or  revocation 
of  his  license,  upon  conviction  for  any  violation  of  this  article.^  The 
commissioner  may,  in  his  discretion,  suspend  or  revoke  a license 
granted  under  any  provision  of  this  article,  pending  or  in  advance 
of  the  criminal  prosecution  of  the  license.  (Ord.  June  2,  1913.) 

ARTICLE  9 

JUNK  DEALERS 

Sec.  120.  Definitions. 

§ 121.  License  fee  and  bond. 

§ 122.  Restrictions. 

§ 123.  Record  of  purchases. 

§ 124.  Reports  to  police  department. 

§ 125.  Lost  or  stolen  goods. 

Sec.  120.  Definitions. — 1.  Junkman,  junk  shop.  Anyone  dealing  in 
the  purchase  and  sale  of  junk,  old  rope,  old  iron,  brass,  copper,  tin 
or  lead,  rags,  slush  or  empty  bottles  shall  be  deemed  to  be  a junk 
dealer,  and  his  place  of  business  a junk  shop. 

2.  Junk  cart,  junk  boat.  Any  vehicle  in  the  streets,  or  any  vessel 
in  the  waters  of  the  city,  used  for  the  purpose  of  collecting  junk, 
rags,  old  rope,  paper,  bagging,  old  iron,  brass,  copper,  tin,  empty 
bottles,  slush  or  lead,  shall  be  deemed,  respectively,  a junk  cart  or 
junk  boat,  and  every  junk  cart  or  junk  boat  shall  show  on  each  out- 
side thereof  the  words  “junk  cart”  or  junk  boat,”  together  with 
the  figures  of  its  official  number,  and  no  person  shall  do  such  collect- 
ing in  any  other  way  or  manner  than  as  aforesaid.  (C.  O.  § 334.) 

Requirement  for  a license  is  valid  exercise  of  police  power.  City  of  N.  Y.  v. 
Vandewater,  1 13  App.  Div.  456. 

§ 121.  License  fee  and  bond. — Every-  junk  dealer  shall  pay  an 
annual  license  fee  of  $20  and  give  a bond  to  the  city,  with  sufficient 
surety  approved  by  the  commissioner,  in  the  penal  sum  of  $250, 

- conditioned  for  the  due  observance  of  all  municipal  ordinances. 


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Each  junk  cart  or  junk  boat  shall  pay  an  annual  license  fee  of  $5, 
(C.  O.  § 344.) 

§ 122.  Restrictions. — 1.  Place.  No  junk  dealer  shall  carry  on 
business  at  any  other  place  than  the  one  designated  in  the  license 
therefor,  nor  shall  he  continue  to  carry  on  business  after  such  license 
has  been  suspended  or  revoked,  or  has  expired. 

2.  Purchases.  No  junk  dealer  shall  purchase  any  goods,  article  or 
thing  whatsoever  from  any  minor,  apprentice  or  servant,  knowing  or 
having  reason  to  believe  the  seller  to  be  such,  nor  from  any  person 
between  the  setting  of  the  sun  and  7 o^clock  in  the  morning. 

3.  Other  business.  No  junk  dealer  shall  be  licensed  as  a pawn- 
broker or  dealer  in  second-hand  articles  in  the  city.  (C.  0.  §§  336, 
337,  339.) 

§ 123.  Record  of  purchases. — Every  junk  dealer  shall  keep  a book 
in  which  shall  be  legibly  written,  at  the  time  of  every  purchase,  a 
description  of  every  article  so  purchased,  the  name,  residence,  and 
general  description  of  the  person  from  whom  such  purchase  was 
made,  and  the  day  and  hour  of  such  purchase,  and  the  book  shall 
at  all  reasonable  times  be  open  to  the  inspection  of  any  police  officer, 
or  the  mayor,  the  commissioner  or  any  inspector  of  licenses,  or  any 
magistrate,  or  any  person  duly  authorized  in  writing,  for  such  pur- 
pose, by  the  commissioner  or  any  magistrate,  who  shall  exhibit  such 
authorization  to  the  dealer.  (C.  O.  § 335.) 

§ 124.  Reports  to  the  police  department. — Every  junk  dealer,  upon 
being  served  with  a written  notice  so  to  do  by  a member  of  the 
police  department,  shall  report  to  the  police  commissioner,  on  blank 
forms  to  be  furnished  by  the  police  department,  an  accurate  descrip- 
tion of  all  goods,  articles  or  things  purchased  or  received  in  the  course 
of  business  of  the  junk  dealer  during  the  days  specified  in  such 
notice,  stating  the  amount  paid  for,  and  the  name,  residence  and 
general  description  of  the  person  from  whom  such  goods,  articles  or 
things  were  received. 

§ 125.  Lost  or  stolen  goods. — If  any  goods,  article  or  thing  whatso- 
ever shall  be  advertis^,  in  any  newspaper  printed  in  the  city,  as 
having  been  lost  or  stolen,  and  the  same,  or  any  answering  to  the 
description  advertised,  or  any  part  or  portion  thereof,  shall  beNor 
come  in  the  possession  of  any  junk  dealer,  he  shall  give  information 
thereof,  in  writing,  to  the  police  commissioner  and  state  from  whom 
the  same  was  received.  Every  junk  dealer  who  shall  have  or  receive 
any  goods,  article  or  thing  lost  or  stolen,  or  alleged  or  supposed  to 
have  been  lost  or  stolen,  shall  exhibit  the  same  on  demand  to  any 
police  officer,  or  to  the  mayor,  commissioner,  or  any  inspector  of 
licenses,  or  any  magistrate,  or  any  person  duly  authorized,  in  writing, 
by  the  commissioner  or  any  magistrate,  who  shall  exhibit  such 
authorization  to  such  dealer.  (C.  O.  § 338.) 

ARTICLE  10 

PEDDLERS,  HAWKERS  AND  VENDERS 

Sec.  130.  Definitions;  exceptions. 

§ 131.  License  fee. 

I 132.  Designation  of  vehicle*. 


246  CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 


§ 130.  Definitions;  exceptions. — 1.  Definitions.  Any  person  hawk- 
ing, peddling,  vending  or  selling  merchandise  in  the  streets  of  the  city 
shall  be  deemed  to  be  a peddler,  and  shall  be  classified  as  follows: 
A peddler  using  a horse  and  wagon;  a peddler  using  a push  cart;  and  a 
peddler  personally  carrying  merchandise. 

2.  Newspapers.  This  article  shall  not  apply  in  any  way  to  the 
selling  of  newspapers  or  periodicals. 

3.  Farmers.  Any  person,  owning  or  operating  a farm  in  the  city 
and  selling,  in  the  streets,  produce  raised  on  such  farm,  shall  not  be 
deemed  a peddler  within  the  meaning  of  this  article.  Any  such  per- 
son may  make  application  to  the  commissioner,  and,  upon  affidavit 
setting  forth  sufficient  facts  to  entitle  him  to  this  exemption,  he  shall 
thereupon  receive  a certificate  thereof.  (C.  O.  § 347, 348.) 

Ordinance  requiring  a license  for  peddlers  sustained.  Village  of  Ballston  Spa  v. 
Markham,  58  Hun,  238.  As  to  power  imposed  on  Mayor  to  issue  a license,  see 
Bradley  v.  Rochester,  54  Hun,  140.  All  statutes  regulating  hawking  and  peddling 
must  be  strictly  construed.  Village  of  Stamford  v.  Fisher,  140  N.  Y.  187.  Ordi- 
nance restricting  peddling  to  certain  hours  is  not  unconstitutional.  City  of  Buffalo 
V.  Schleifer,  2 Misc.  216,  51  St.  Rep.  58,  21  N.  Y.  Supp.  913.  An  ordinance  re- 
stricting peddling  at  public  markets  sustained.  Village  of  Buffalo  v.  Webster, 
10  Wend.  100.  As  to  peddling  milk,  see  People  ex  rel.  Larabee  v.  Mulholland, 
82  N.  Y.  324.  Where  a license  is  required  and  none  is  taken  out,  the  peddler  cannot 
recover  the  price  of  his  goods.  Best  v.  Bauder,  29  How.  Pr.  489. 

license  to  peddle  required.  Jones  v.  Foster,  43  App.  Div.  33. 

Ordinance  prohibiting  sale  of  peanuts  and  popcorn  in  street  unless  from  wagon 
drawn  by  a horse  or  horses,  held  unreasonable.  People  v.  Gilbert,  68  Misc.  48,  53. 

§ 131.  License  fees. — The  annual  license  fees  payable  by  peddlers 


shall  be,  for  each  peddler 

Using  a horse  and  wagon $8  00 

Using  a push-cart 4 00 

Personally  carrying  his  merchandise 2 00 


§ 132.  Designation  of  vehicles. — Any  vehicle  used  in  peddling  shall 
show  on  each  outside  thereof  the  words  “Licensed  Peddler,”  to- 
gether with  the  figures  of  its  official  number,  and  any  peddler  duly 
licensed  to  use  a horse  and  wagon  may  employ  2 persons,  and  no 
more,  to  assist  in  selling  and  delivering  the  wares,  but  such  persons 
shall  so  act  only  while  accompanying  a licensed  peddler. 

ARTICLE  11 

PUBLIC  CARTS  AND  CARTMEN 

Sec.  140.  Definitions. 

§ 141.  Classification. 

§ 142.  Licenses,  license  plates. 

§ 143.  License  fees. 

§ 144.  Charges. 

Sec.  140.  Definitions. — Every  vehicle,  of  whatever  construction, 
drawn  by  animals  or  propelled  by  any  motor  power,  which  is  kept  for 
hire  or  used  to  carry  merchandise,  household  or  office  furniture  or 
other  bulky  articles  within  the  city,  for  pay,  shall  be  deemed  to  be  a 
public  cart,  and  the  owner  thereof  shall  be  deemed  to  be  a public 
cartman.  (Ord.  June  2, 1914,) 

An  ordinance  requiring  a license  to  be  taken  out  where  trucks  are  used  for  hire 
was  held  valid  in  City  of  Brooklyn  v.  Breslin,  57  N.  Y.  591.  And  it  has  been  held 


LICENSES 


247 


that  where  a license  was  required,  unless  one  was  taken  out,  the  driver  or  owner  of 
carts  and  trucks  used  for  public  hire  could  not  recover  for  services  actually  ren- 
dered. Ferdon  v.  Cunningham,  20  How.  Pr.  154. 

§ 141.  Classification. — Public  carts  shall  be  divided  into  two 
classes,  namely:  motor  driven  public  carts  and  horse  drawn  public 
carts. 

1.  Horse  drawn.  Horse  drawn  public  carts  shall  be  divided  into 
two  classes: 

A — To  include  all  public  carts  drawn  by  1 horse  and  having  an 
inside  floor  space  of  at  least  40  square  feet. 

B — To  include  all  public  carts  drawn  by  2 or  more  horses  and 
having  an  inside  floor  surface  of  at  least  70  square  feet. 

2.  Motor  driven.  Motor  driven  public  carts  shall  be  divided  into 
two  classes: 

F — To  include  all  motor  driven  public  carts  having  an  inside  floor 
surface  of  at  least  70  square  feet. 

G — To  include  all  motor  driven  public  carts  having  an  inside 
floor  surface  of  at  least  90  square  feet. 

In  all  of  the  above  measurements,  a variation  of  more  than  5 per 
cent,  shall  not  be  accepted.  (Ord.  June  29,  1914.) 

§ 142.  Licenses  and  license  plates. — Upon  the  payment  of  the  fee 
hereinafter  provided  the  commissioner  shall  issue  a license  to  the 
owner  of  the  vehicle,  together  with  a plate,  to  be  affixed  to  a con- 
spicuous and  indispensable  part  of  such  public  cart,  on  which  shall 
be  clearly  set  forth  the  official  number  of  the  vehicle,  with  the  words 
“Public  Cart.’^  The  design  or  color  of  the  plate  shall  be  changed 
at  the  beginning  of  each  license  year,  which  shall  be  August  1 of 
each  year.  (Ord.  June  2,  1914.) 

§ 143.  License  fees. — The  following  annual  license  fees  shall  be 
paid: 

All  public  carts  in  class  A shall  pay  a fee  of $2  00 

All  public  carts  in  class  B shall  pay  a fee  of 2 00 

All  public  carts  in  class  F shall  pay  a fee  of 5 00 

All  public  carts  in  class  G shall  pay  a fee  of 5 00 

Such  license  fees  shall  be  in  lieu  of  and  not  in  addition  to  any  fees 
heretofore  established,  and,  except  as  above  provided,  no  charge 
shall  be  made.  (Ord.  June  2,  1914.) 

Charges. — 1.  Special  contract.  The  amount  to  be  charged 
for  loading,  transporting,  or  transmitting  and  unloading  of  mer- 
chandise, household  or  office  furniture,  or  other  bulky  articles, 
by  a public  cartman,  may  be  agreed  upon  in  advance  and  such 
contract  or  agreement  shall  control  and  regulate  the  employment. 
In  every  case  where  such  agreement  is  entered  into,  it  shall  be  the 
duty  of  the  public  cartman  to  furnish  the  person  with  whom  he 
contracts  a written  memorandum,  to  be  signed  by  both  parties  or 
their  responsible  and  authorized  representatives,  setting  forth 
clearly  the  terms  of  the  contract.  This  memorandum  shall  be  upon 
blanks  to  be  approved  by  the  department. 

2.  General.  The  legal  rates  for  transporting  merchandise,  house- 
hold or  office  furniture,  or  other  bulky  articles  (other  than  pianos), 
including  the  loading  and  unloading  thereof,  unless  otherwise  agreed 
upon  as  set  forth  in  the  foregoing  paragraph,  shall  be  as  follows 
(said  charges  to  commence  from  the  time  of  arrival  of  vehicle  or 


248  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

vehicles  at  the  place  from  which  articles  are  to  be  transported,  and 
to  end  when  articles  are  delivered) : 

(a)  Where  a vehicle  drawn  by  1 horse,  and  having  an  inside  floor 
surface  of  at  least  40  square  feet  is  used,  SI. 25  per  hour,  said  vehicle 
to  be  propelled  at  not  less  than  3 miles  an  hour; 

(b)  Where  a vehicle  drawn  by  2 or  more  horses,  and  having  an 
inside  floor  surface  of  at  least  70  square  feet  is  used,  $1.50  per  hour, 
said  vehicle  to  be  propelled  at  not  less  than  3 miles  an  hour. 

(c)  Where  a motor-driven  vehicle,  having  an  inside  floor  surface 
of  at  least  70  square  feet  is  used,  $1.75  per  hour,  said  vehicle  to  be 
propelled  at  not  less  than  8 miles  per  hour; 

(d)  Where  a motor-driven  vehicle,  having  an  inside  floor  surface 
of  at  least  90  square  feet  is  used,  $2.50  per  hour,  said  vehicle  to  be 
propelled  at  not  less  than  8 miles  an  hour; 

(e)  For  the  services  of  each  man  in  addition  to  the  operator  or 
driver,  50  cents  per  hour. 

The  number  of  men  to  be  engaged  on  any  one  job  or  operation 
is  not  to  exceed  four,  including  the  driver,  except  when  specially 
agreed  upon  by  the  person  hiring  the  public  cart.  In  case  any  vehi- 
cle, while  engaged  in  the  transportation  of  merchandise,  household 
or  office  furniture,  or  other  bulky  articles,  should  break  down  or 
become  disabled  from  any  cause,  no  charge  shall  be  made  for  the 
period  of  such  disability. 

3.  Pianos,  (a)  Where  a piano  is  transported  in  the  same  public 
cart  as  other  articles  of  household  or  office  furniture,  and  is  part  of 
the  same  operation  or  job,  an  additional  charge  of  not  exceeding 
$1.50  may  be  made  for  transporting  it. 

(b)  Where  a piano  is  transported  as  a separate  operation  or  job 
and  the  distance  travelled  is  3 miles  or  less,  the  charge  therefor  shall 
not  exceed  $3,  including  labor  and  use  of  vehicle  therefor;  for  each 
additional  mile  or  part  thereof,  50  cents. 

(c)  For  transporting  pianos  either  up  or  down  one  or  more  flights 
of  stairs,  50  cents  for  each  flight. 

(d)  For  transporting  pianos  up  or  down,  by  means  of  elevator, 

$1  additional.  \ 

(e)  Where  the  handling  of  a piano  involves  the  use  of  a hoist, 
tackle  and  rigging  at  either  or  both  ends  of  the  operation  or  job, 
a charge  of  not  more  than  $5  additional  will  be  permitted. 

4.  Adjustment  of  disputes.  All  disputes  as  to  the  rate  or  amount 
of  compensation  shall  be  adjusted  by  the  police  officer  in  charge 
of  the  police  station  nearest  to  the  place  where  such  dispute  is  had. 
On  failure  to  abide  by  the  decision,  the  said  load,  or  a part  thereof 
sufficient  to  secure  charges  thereon,  shall  be  taken  to  a convenient 
storage  warehouse  and  a notice,  in  writing,  with  a brief  statement 
of  particulars,  shall  be  sent  at  once  by  the  public  cartman  to  the 
commissioner  of  licenses.  (Ord.  June  2,  1914.) 

ARTICLE  12 

PUBLIC  PORTERS 

Sec.  150.  License  required;  hotel  runners  excepted. 

§ 151.  License  fees. 

§ 152.  Badge. 


LICENSES 


:249 


§ 153.  Impersonation  of  public  porters  and  hotel  runners. 

§ 154.  Service  obligatory. 

§ 155.  Charges. 

§ 156.  Overcharges. 

Sec.  150.  License  required;  hotel  runners  excepted. — No  person 
shall  carry,  or  use  any  wheelbarrow  or  handcart  to  carry,  transport 
or  convey  baggage,  goods,  or  other  things  from  place  to  place  for  hire, 
wages  or  pay  for  such  conveyance;  nor  be  at  any  hotel,  boarding 
house,  ferry,  steamboat  landing,  railroad  station  or  depot,  and  solicit 
or  accept  the  conveyance  of  baggage  or  other  articles,  without  being 
licensed.  This  section  shall  not  be  construed  to  prevent  any  person, 
employed  in  an  hotel  or  boarding  house,  from  conveying  any  baggage 
or  other  article  thereto  or  therefrom,  by  handcart  or  wheelbarrow, 
provided  the  name  of  the  hotel  and  boarding  house,  and  the  keeper 
thereof,  shall  be  painted  distinctly  on  both  sides  of  the  vehicle,  and 
on  a badge  worn  on  the  front  of  his  hat  or  cap,  so  as  to  be  easily 
and  distinctly  seen.  (C.  O.  § 329a.) 

§ 151.  License  fees. — Every  person  on  receiving  a license  to  be  a 
public  porter  shall  pay  a fee  of  $1;  and  the  sum  of  25  cents  upon  each 
renewal  of  such  license.  (C.  O.  § 329c.) 

§ 152.  Badge. — Each  public  porter  shall  wear,  in  a conspicuous 
place  about  his  person,  so  as  to  be  easily  seen,  a brass  plate  or  badge, 
on  which  shall  be  engraved  his  name,  the  words  “Public  Porter,’^ 
and  the  number  of  his  license.  No  public  porter  shall  suffer  or  per- 
mit any  other  person  than  himself  to  carry  any  article  or  articles 
in  his  wheel  or  handbarrow,  or  handcart,  nor  to  wear  his  badge, 
or  use  his  name  in  any  way  whatever,  in  the  transportation  or  con- 
veyance of  any  thing.  (C.  O.  §§  329d,  329j.) 

§ 153.  Impersonation  of  public  porters  and  hotel  runners. — No 
person  shall  wear  or  exhibit  any  badge  purporting  to  be,  resembling 
or  being  similar  to  the  badge  of  a public  porter.  No  person  shall 
represent  himself  as,  or  wear  or  exhibit  any  badge,  inscription,  card, 
or  device,  purporting  or  implying  that  he  is  employed  or  authorized 
by  the  keeper,  proprietor,  agent  or  officer  of  any  hotel,  boarding 
house,  vessel,  steamboat  or  railroad  company,  to  solicit,  receive  or 
convey  persons,  baggage,  or  other  things  to  or  from  any  such  hotel, 
boarding  house,  vessel,  steamboat  or  railroad  company’s  station 
or  depot,  without  being  actually  and  duly  authorized  by  such 
keeper,  proprietor,  officer  or  agent  so  to  do.  (C.  O.  §§  329d,  329k.) 

§ 154.  Service  obligatory. — No  public  porter  or  handcartman  shall 
neglect  or  refuse  to  transport  any  article  or  articles  when  required  so 
to  do,  unless  he  shall  then  be  actually  and  otherwise  employed,  or 
unless  the  distance  he  shall  be  required  to  go  shall  be  more  than  2 
miles,  under  the  penalty  of  $5  for  each  offense.  (C.  0.  § 329h.) 

§ 155.  Charges. — Public  porters  shall  be  entitled  to  charge  and 
receive,  for  the  carrying  or  conveyance  of  any  article  any  distance 
within  half  a mile,  25  cents  if  carried  by  hand,  and  50  cents  if  carried 
on  a wheelbarrow  or  handcart;  if  the  distance  exceeds  half  a mile, 
one-half  of  the  above  rates  in  addition  thereto,  and  in  the  same 
proportion  for  any  greater  distance.  No  porter  or  handcartman  other 
than  a public  porter,  wearing  his  badge  as  required  by  this  article, 
shall  be  entitled  to  recover  or  receive  any  pay  or  fare  from  any  person. 


260  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 


for  the  transportation  of  any  article.  Upon  the  trial  of  any  cause 
commenced  for  the  recovery  of  any  porterage,  the  plaintiff  must 
prove  that  his  badge  was  worn  and  the  price  fixed,  agreeably  to  this 
section,  at  the  time  the  services  were  rendered  for  which  the  action 
was  brought.  (C.  O.  § 329.) 

§ 156.  Overcharge, — Any  public  porter  who  shall  ask  or  demand  any 
greater  rate  of  pay  or  compensation,  for  the  cariying  or  conveyance  of 
any  article,  than  is  herein  provided,  shall  not  be  entitled  to  any  pay 
for  the  service,  and  it  shall  be  deemed  a violation  of  this  article  for 
him  to  ask,  demand,  or  receive  any  greater  pay  or  compensation. 
(C.  O.  § 329.) 

ARTICLE  13 

SHOOTING  GALLERIES 


Sec.  160.  Definition. 

§ 161.  License  fees. 

Sec.  160.  Definition;  requirements. — Any  shooting  gallery,  in  a 
place  open  to  the  public,  shall  be  deemed  to  be  included  within  the 
terms  of  this  chapter,  and  every  keeper  of  a public  shooting  gallery 
shall  maintain  good  order  and  allow  no  person  under  16  years  of  age 
to  shoot  therein.  (C.  O.  § 353.) 

§ 161.  License  fee. — The  annual  license  fee  for  each  public  shooting 
gallery  shall  be  $5.  (C.  O.  § 307.) 


ARTICLE  14 

STREET  MUSICIANS 

Sec.  170.  Hand  organ  grinders. 

§ 171.  Itinerant  musicians. 

Sec.  170.  Hand  organ  grinders. — No  person  shall  use  or  perform 
on  a hand  organ  in  any  street  or  public  place,  unless  such  hand  organ 
shall  be  licensed  as  hereinafter  ordained.  Upon  payment  of  a license 
fee  of  $5  per  annum,  the  commissioner  of  licenses  may  grant  and  issue 
licenses  for  such  number  of  hand  organs  as  he  may  deem  proper,  not 
to  exceed,  however,  the  total  number  of  800.  The  license  so  granted 
and  issued  must  be  conspicuously  displayed  at  all  times  upon  the 
front  of  the  hand  organ.  No  person  using  or  performing  upon  a 
hand  organ  shall  solicit,  ask  or  request  any  money  for  such  use  or 
performance  in  any  way,  shape  or  manner,  directly  or  indirectly. 
No  person  shall  use  or  perform  upon  a hand  organ  in  any  street  or 
public  place,  before  the  hour  of  9 a.  m.  nor  after  the  hour  of  6 p.  m.  of 
any  day;  nor  during  any  part  of  the  first  day  of  the  week  commonly 
called  Sunday;  nor  within  a distance  of  500  feet  of  any  school  house  or 
house  of  public  worship,  during  school  hours  or  hours  of  public 
worship,  respectively  ; nor  within  a like  distance  of  any  court,  public 
office,  hospital,  asylum,  or  other  public  institution,  nor  within  a 
distance  of  250  feet  of  any  tenement  house,  dwelling  house  or  other 


LICENSES 


251 


building,  when  directed  or  requested  by  any  occupant  thereof  to 
refrain  from  or  discontinue  using  or  performing  upon  such  hand  organ. 
(Adapted  from  various  ordinances.) 

§ 171.  Itinerant  musicians. — No  persons  shall  engage  in  the  busi- 
ness of  a street  musician,  playing  for  hire  or  voluntary  contributions 
from  door  to  door,  or  otherwise,  without  having  first  obtained  a 
license  therefor.  Such  licenses  shall  be  granted  by  the  commissioner; 
provided  that  the  person  or  persons  applying  therefor  shall  have 
been  residents  of  the  city  for  at  least  1 year  prior  to  such  application, 
and  shall  pay  for  such  license  the  sum  of  $10,  the  license  to  be  renewed 
from  year  to  year,  upon  the  annual  payment  of  such  fee.  The  term 
of  residence  required  by  this  section  shall  be  proved  by  affidavit  of  the 
person  applying  for  such  license  and  of  two  other  persons  resident  of 
the  city,  which  affidavits  shall  state  the  different  places  of  residence 
in  the  city  occupied  by  said  applicant  during  the  year  preceding 
his  application.  The  provisions  of  this  section  shall  apply  only  to 
itinerant  musicians  and  shall  not  be  construed  so  as  to  affect  any 
band  of  music  or  organized  musical  or  religious  society,  engaged  in 
any  military  or  civic  parade,  or  to  any  musical  performance  con- 
ducted under  a license  from  municipal  authority.  (§  44,  Brookl, 
Ord.) 

The  validity  of  licenses  to  use  musical  instruments  sustained.  Roderick  v. 
Whitson,  61  Him,  620;  People  v.  Garabel,  20  Misc.  127. 


ARTICLE  15 

WEIGHERS  OP  HAY 

Sec.  180.  Licenses. 

§ 181.  Marking  bales. 

§ 182.  Tare. 

§ 183.  Charges. 

Sec.  180.  Licenses. — The  commissioner  of  licenses  is  empowered  to 
grant  and  issue  licenses  to  persons  to  maintain  and  operate  scales  or 
apparatus  for  weighing  hay  in  any  street  or  public  place.  He  shall 
designate  in  all  such  licenses  the  location  at  which  the  persons 
licensed  shall  erect  their  respective  scales,  and  such  license  shall 
convey  an  authority  and  permission  to  erect  at  such  location,  under 
the  direction  of  the  president  of  the  borough  having  jurisdiction,  a 
scale  for  weighing  hay,  in  the  mode  heretofore  in  use  in  the  former 
City  of  New  York.  The  fee  chargeable  on  granting  such  license 
shall  be  $25  a year.  No  person,  except  those  to  whom  licenses  shall 
have  been  granted,  shall  erect  or  have  any  scale  or  apparatus  for 
weighing  hay  on  any  street  or  public  place.  (§§  10,  12,  Manh.  Ord.) 

See  Mayor  v.  Nichols,  4 Hill,  209. 

§ 181.  Marking  hales. — No  person  shall  sell,  or  offer  for  sale,  any 
hay  or  straw  by  the  bale,  unless  the  exact  gross  and  net  weight  shall 
be  legibly  and  distinctly  marked  on  every  such  bale,  under  a penalty 
of  $10  for  each  bale  so  sold  or  offered  for  sale  in  violation  of  the 
provisions  of  this  section.  (§  25,  Manh.  Ord.) 

§ 182.  Tare. — In  weighing  bale-hay,  each  licensed  weigher  shall 


252  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

designate  in  the  certificate  given  by  him  the  amount  of  tare  on  each 
bale,  and  shall  legibly  mark  the  amount  of  said  tare  thereon,  as  well 
as  the  gross  weight.  (§  13,  Manh.  Ord.) 

§ 183.  Charges. — No  weigher  of  hay  shall  charge  any  person 
applying  for  his  services  as  such  weigher  or  for  a certificate  of  the 
weight  of  any  hay,  more  than  6c.  on  each  bale  for  weighing  and  mark- 
ing the  same,  and  for  a certificate  thereof.  (§  14,  Manh.  Ord.) 


MAKKETS 


253 


CHAPTER  15 
Markets 


Article  1.  General  provisions. 

2.  Location  and  designation  of  public  markets. 

3.  Farmers  and  market  gardeners. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Control  of  markets  and  market-places. 

§ 2.  Transfers  of  stands  or  stalls. 

§ 3.  Adjustment  of  controversies. 

§ 4.  Water-front  property  adjoining  market-lands;  highways 
through  or  bounding  market-places. 

§ 5.  Market  hours. 

§ 6.  Regulation  of  toilet  facilities. 

^ Sec.  1.  Control  of  markets  and  market  places. — The  collector  of 
city  revenue  and  superintendent  of  markets,  with  the  approval  of 
the  comptroller,  shall  have  sole  charge  and  control  of  all  public 
markets  and  market  places,  and  of  all  vehicles  employed  in  the 
business  of  vending  and  selling  merchandise  of  any  description 
therein,  and  shall  have  power  to  make  suitable  regulations  concern- 
ing the  fees  for  conducting  business  in  markets  and  market  places, 
the  hours  during  which  such  business  may  be  conducted  and  the 
general  management  thereof.  (Charter,  §§  163  and  164;  C.  O.  § 78.) 

This  bureau  is  under  the  control  of  the  Finance  Department,  sec.  151,  Greater 
New  York  Charter.  The  City  Ordinances  of  1859  placed  the  Bureau  of  Markets 
in  the  City  Inspector’s  Department.  That  a municipal  corporation  has  power  to 
establish  public  markets  is  well  settled.  St.  Johns  v.  Mayor,  etc.,  of  N.  Y.,  6 Duer, 
315;  People  v.  Lowber,  7 Abb.  Pr.  158,  28  Barb.  65;  Ketchurn  v.  City  of  Buffalo, 
14  N.  Y.  356,  aff’d  21  Barb.  294.  And  municipal  corporations  have  power  to  regu- 
late established  markets.  Mayor,  etc.,  of  N.  Y.  v.  Schultz,  31  How.  Pr.  385;  Barry 
V.  Kennedy,  11  Abb.  Pr.,  N.  S.,  421.  As  to  power  of  Comptroller,  see  Lowenstein 
V.  Myers,  49  N.  Y.  St.  Rep.  807,  and  People  ex  rel.  Westervelt  v.  Meyer,  5 N.  Y. 
Supp.  69.  An  ordinance  requiring  butchers  to  have  licenses  sustained.  City  of 
Buffalo  V.  Hill,  79  App.  Div.  402.  The  city  cannot,  however,  grant  permits  to 
erect  market  stands  in  the  public  streets.  Ely  v.  Campbell,  59  How.  Pr.  333. 

§ 2.  Transfers  of  stalls  or  stands. — No  transfer  or  assignment  of 
any  stall  or  stand  in  any  public  market  shall  be  made  without  the 
written  permission  of  the  comptroller,  and  such  transfer  shall  be 
duly  entered  upon  the  register  or  list  of  stands,  and  notice  of  the 
transfer,  when  made,  shall  be  given  to  the  comptroller.  (C.  O.  § 80.) 

As  to  rights  of  assignee  see  People  ex  rel.  Danzinger  v.  Metz,  123  App.  Div.  269. 

§ 3.  Adjustment  of  controversies. — The  comptroller  may  adjust 
and  settle  any  claims  and  controversies  in  regard  to  rents  and  other 
matters  that  appertain  to  any  lease  of  market  lands,  both  those 
which  have  heretofore  arisen  and  any  which  may  hereafter  arise. 


254 


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during  either  the  original  term  or  any  renewal  or  extension  thereof, 
as,  in  his  opinion,  justice  may  require.  (Charter,  § 164.) 

§ 4.  Water-front  property  adjoining  market-lands;  highways  through 
or  hounding  market-places, — Nothing  herein  contained  shall  inter- 
fere with  the  jurisdiction  of  the  department  of  docks  and  ferries  over 
the  water-front  property  in  and  around  any  market  lands,  nor  with 
the  jurisdiction  of  the  president  of  any  borough  over  market  lands, 
in  so  far  as  concerns  his  powers  over  highways.  (Charter,  § 164.) 

§ 5.  Market  hours. — Every  vehicle  in  which  articles  shall  be 
brought  to  market,  or  which  shall  come  within  the  limits  of  any 
market,  shall  be  removed  therefrom  at  or  before  12  o^clock  noon 
of  each  day,  except  Saturday.  On  Saturdays,  any  market  may  re- 
main open  and  market  licensees  may  conduct  business  therein  until 
12  o^clock,  midnight.  (C.  O.,  § 83a  revised.) 

§ 6.  Regulation  of  toilet  facilities. — No  water-closet  or  urinal  shall 
be  erected  or  maintained  in  any  public  market,  over  or  above  any 
stall,  stand  or  place  where  meats,  fish,  butter,  eggs,  fowl,  game, 
vegetables,  fruits,  or  other  articles  of  food  supply  are  kept  or  offered 
for  sale,  and  all  such  water-closets  and  urinals  shall,  so  far  as  prac- 
ticable, be  built  and  maintained  below  the  ground  floor  of  such 
market.  (Ord.  April  4,  1911.) 

ARTICLE  2 

LOCATION  AND  DESIGNATION  OF  PUBLIC  MARKETS 

Sec.  20.  Delancey  Street  market. 

§ 21.  Eighth  Ward  market,  borough  of  Brooklyn. 

§ 22.  Essex  market. 

§ 23.  First  Avenue  market. 

§ 24.  Gansevoort  market. 

§ 25.  Jefferson  market. 

§ 26.  Manhattan  Bridge  market. 

§ 27.  Queensboro  Bridge  market. 

§ 28.  Third  Avenue  market. 

§ 29.  Union  Square  market. 

§ 30.  Wallabout  market. 

§ 31.  Washington  market. 

§ 32.  West  Washington  market. 

§ 33.  Willis  Avenue  market. 

Sec.  20.  Delancey  street  market. — So  much  of  the  lands  in  the 
borough  of  Manhattan  as  are  bounded  on  the  north  by  the  northerly 
side  of  the  Williamsburg  bridge  approach,  at  the  intersection  of 
Ridge  and  Delancey  streets,  running  thence  easterly  to  the  line 
of  the  Williamsburg  bridge  at  the  intersection  of  Cannon  and  Delan- 
cey streets,  thence  westerly  along  the  line  of  the  Williamsburg 
bridge  to  its  intersection  at  Ridge  street;  thence  northerly  to  the 
point  or  place  of  beginning,  shall  be  set  aside  and  apart  for  a public 
market,  and  shall  be  known  as  the  Delancey  street  market.  (Ord. 
May  20,  1913.) 

§ 21.  Eighth  Ward  market ^ borough  of  Brooklyn. — So  much  of  the 
lands  in  the  borough  of  Brooklyn  as  are  bounded  and  described  as 


MARKETS 


255 


follows,  to  wit:  Beginning  at  a point  on  the  westerly  line  or  side 
of  2d  avenue,  375  feet  northerly  from  the  center  line  of  39th  street; 
running  thence  westerly  on  a line  parallel  with  and  distant  375  feet 
from  said  center  line  of  39th  street  to  the  pierhead  line,  as  estab- 
lished by  law;  thence  northeasterly  along  said  pierhead  line  to  a 
point  on  the  westerly  prolongation  of  the  southerly  line  of  36th  street; 
thence  easterly  along  the  westerly  prolongation  of  the  southerly 
line  of  36th  street  to  the  westerly  Hne  or  side  of  2d  avenue;  and 
thence  southerly  along  the  westerly  line  or  side  of  2d  avenue,  376 
feet,  more  or  less,  to  the  point  or  place  of  beginning,  in  said  borough, 
shall  be  set  aside  and  apart  for  a public  wholesale  market,  and 
shall  be  known  as  the  Eighth  Ward  market,  borough  of  Brooklyn. 
(C.  0.  § 83.) 

§ 22.  Essex  market. — So  much  of  the  lands  in  the  borough  of  Man- 
hattan as  are  bounded  and  described  as  follows,  to  wit:  The  premises 
located  on  the  northwest  corner  of  the  blind  alley  or  lane,  and  Essex 
street,  situated  between  Grand  and  Broome  streets,  heretofore 
known  and  used  as  the  '‘Essex  Market  Court  House,’’  the  premises 
located  and  bounded  by  Grand  street,  Ludlow  street,  the  blind  alley 
and  Essex  street,  now  occupied  as  a public  school  and  formerly 
known  as  the  Old  Essex  Market,  and  also  the  said  blind  alley  or 
lane  situated  between  Grand  and  Broome  streets,  and  running  from 
Ludlow  to  Essex  street,  in  said  borough,  shall  be  set  aside  and  apart 
for  a public  market,  and  shall  be  known  as  Essex  market. 

§ 23.  First  Avenue  market. — The  lands  bounded  and  described  as 
follows: 

Bounded  on  the  west  by  the  easterly  side  of  First  avenue;  bounded 
on  the  south  by  the  northerly  line  or  curb  of  East  59th  street  to  a 
point  at  right  angles  to  the  center  line  of  anchorage  pier;  thence 
running  northerly  on  a line  parallel  to  First  avenue  to  the  easterly 
hne  or  curb  of  East  60th  street;  thence  westerly  along  the  line  or 
curb  of  East  60th  street  to  the  westerly  hne  or  curb  of  First  avenue, 
the  same  being  the  point  or  place  of  beginning,  are  hereby  declared 
to  be  a pubhc  market  and  shall  be  set  aside  for  such  purposes  during 
the  pleasure  of  the  board  of  aldermen,  subject  to  such  rules  and 
regulations  concerning  fees,  the  hours  of  doing  business  and  the 
general  management  of  said  market  as  may  be  made  by  the  comp^ 
troller. 

§ 24.  Gansevoort  market. — The  lands  bounded  on  the  north  by 
Little  Twelfth  street,  on  the  south  by  Gansevoort  street,  on  the 
east  by  Washington  street,  and  on  the  west  by  West  street  and 
10th  avenue,  are  hereby  declared  to  be  a pubhc  market  place,  and, 
subject  to  the  provisions  of  § 205  of  the  charter,  shall  be  kept  for  the 
exclusive  use  of  farmers  and  market  gardeners.  (Charter,  § 163.) 

§ 25.  Jefferson  market. — So  much  of  the  lands  in  the  block  bounded 
by  6th  avenue,  Greenwich  avenue  and  West  Tenth  street,  in  the 
borough  of  Manhattan,  as  are  now  used  for  market  purposes  shall  be 
set  aside  and  apart  for  a pubhc  market,  and  shall  be  known  as  Jeffer- 
son market.  (New.) 

§ 26.  Manhattan  Bridge  market. — The  space  under  the  Manhattan 
bridge,  between  Division  street  and  Madison  street,  in  the  borough  of 
Manhattan,  shall  be  set  aside  for  a pubhc  market  to  be  known  as  the 
Manhattan  Bridge  market.  (Ord,  June  30, 1914.) 


256 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 27.  Queenshoro  Bridge  market. — So  much  of  the  lands  in  the 
borough  of  Manhattan  as  are  bounded:  On  the  north  by  the  northerly 
side  of  the  approach  to  the  Queensboro  bridge,  on  the  east  by  the 
westerly  side  of  the  Manhattan  anchor  pier,  on  the  south  by  the 
southerly  line  of  the  approach  to  the  Queensboro  bridge,  on  the  west 
by  the  easterly  line  of  the  abutment  on  the  easterly  side  of  1st  ave., 
said  parcel  being  about  261  feet  in  length  by  118  feet  6 inches  in 
width  in  said  borough,  shall  be  set  aside  and  apart  for  a public 
market  for  the  sale  of  plants  and  flowers  and  shall  be  known  as  the 
Queensboro  Bridge  market.  (Ord.  Mar.  21, 1911.) 

§ 28.  Third  Avenue  market. — All  space  beneath  and  under  the 
Third  Avenue  bridge  at  129th  street  and  Third  avenue,  bounded  by 
the  interior  walls  under  said  bridge  on  the  east  and  west  from  the 
bulkhead  line  at  the  north.  Third  avenue  and  East  130th  street  on 
the  south  to  the  curb  lines  thereof,  is  hereby  declared  to  be  a public 
market  and  shall  be  set  aside  for  such  purposes  during  the  pleasure  of 
the  board  of  aldermen  subject  to  such  rules  and  regulations  concern- 
ing fees,  the  hours  of  doing  business  and  the  general  management  of 
said  market  as  may  be  made  by  the  comptroller. 

§ 29.  Union  Square  market. — So  much  of  the  lands  in  the  borough 
of  Manhattan  as  are  bounded  and  described  as  follows,  to  wit: 
Beginning  at  a point  on  the  northeast  lint  of  Union  square;  running 
thence  northerly  and  parellel  with  4th  ave.,  about  98  feet  to  the 
southerly  house  line  of  17th  st.;  thence  westerly  along  the  southerly 
house  line  of  17th  st.  about  218  feet;  thence  southerly  and  parallel 
with  4th  ave.  about  98  feet  to  the  northerly  line  of  Union  square; 
and  thence  easterly  along  the  northerly  line  of  Union  square  about 
218  feet  to  the  place  of  beginning,  in  said  borough,  shall  be  set  aside 
and  apart  for  a public  market  for  the  sale  of  plants  and  flowers,  and 
shall  be  knPwn  as  the  Union  Square  market.  (Ord.  June  17,  1913.) 

§ 30.  Wallabout  market. — 1.  Farmers'*  square.  The  portion  of 
Wallabout  market  in  the  borough  of  Brooklyn,  commonly  known  as 
^‘Farmers’  Square,^^  shall  be  kept  for  the  exclusive  use  of  farmers  and 
market  gardeners. 

2.  Leases.  The  comptroller  shall  have  and  be  vested  with  all  the 
powers  exercised  by  the  commissioner  of  city  works  of  the  former 
City  of  Brooklyn,  and  shall  have  the  sole  power  to  lease  any  portion 
of  the  Wallabout  market  lands  and  renew  existing  leases,  on  such 
terms  and  at  such  rentals  as  may  be  agreed  upon  between  him  and 
the  lessees  or  holders,  subject  to  the  following  provisions  as  to  the 
rate  of  rent:  In  case  the  amount  of  rent  for  any  renewal  term  of  any 
lease  be  not  agreed  upon,  as  aforesaid,  by  the  1st  day  of  January 
preceding  the  expiration  of  the  previous  term,  the  same  shall,  if 
either  the  comptroller  or  the  lessee  or  holder  shall  so  elect,  be  fixed  as 
now  provided  by  law,  except  that  the  rent  may,  in  the  discretion  of 
the  comptroller,  be  reduced.  The  rents  for  such  renewal  terms, 
whether  agreed  upon  as  above  provided,  or  fixed  as  now  provided  by 
law,  shall  not  be  less  than  an  amount  equal  to  two-thirds  of  the  rent 
of  the  preceding  term,  nor  exceed  an  amount  equal  to  the  rent  of  the 
preceding  term  and  one-third  thereof  in  addition  thereto.  The 
comptroller  may  at  any  time,  with  the  consent  of  the  lessee  or  holder, 
vary  or  modify  any  of  the  provisions  of  any  lease  of  such  lands. 

3.  Sale  of  liquor.  Distilled  and  rectified  spirits,  wine  and  fer- 


MARKETS 


257 


merited  and  malt  liquors,  shall  not  be  sold  or  offered  for  sale  in 
Wallabout  market  lands;  and  all  leases  of  any  portion  of  such  lands 
shall  contain  a provision  restricting  and  prohibiting  the  sale  or 
offering  for  sale  of  any  such  spirits,  wine  and  fermented  and  malt 
liquors  on  any  lands  leased  thereby.  (Charter,  § 164.) 

§31.  Washington  market. — The  lands  contained  in  the  block 
bounded  by  Washington  street,  Fulton  street.  West  street  and 
Vesey  street,  in  the  borough  of  Manhattan,  shall  be  set  aside  and 
apart  for  a public  market,  and  shall  be  known  as  Washington  market. 
(New.) 

§ 32.  West  Washington  market. — The  lands  in  the  borough  of 
Manhattan,  bounded  on  the  north  by  Bloomfield  street,  on  the  south 
by  Gansevoort  street,  on  the  east  by  West  street  and  Tenth  avenue, 
and  on  the  west  by  Thirteenth  avenue,  are  hereby  dedicated  to 
market  purposes  and  shall  be  used  and  occupied  as  such,  in  the 
manner  that  may  be  designated  and  prescribed  by  the  commissioners 
of  the  sinking  fund,  who  shall  have  full  power  and  authority  in  respect 
thereto.  The  commissioners  may,  in  their  discretion,  lease  any  of  said 
lands  for  such  term  of  years,  with  such  covenants  and  for  such 
annual  rentals,  as  in  their  judgment,  shall  be  for  the  best  interests 
of  the  city,  or  continue  the  use  of  the  same  as  a public  market. 

§ 33.  Willis  Avenue  market. — The  lands  in  the  borough  of  The 
Bronx  bounded  and  described  as  follows:  Beginning  at  the  corner 
formed  by  the  intersection  of  the  southerly  side  of  East  133rd  street 
and  the  easterly  side  of  Willis  avenue;  running  thence  easterly  along 
the  southerly  side  of  East  133d  street  200  feet;  running  thence 
southerly  and  parallel  with  Willis  avenue  200  feet;  running  thence 
westerly  and  parallel  with  East  133d  street  200  feet  to  Willis  avenue; 
running  thence  northerly  along  Willis  avenue  200  feet  to  a point  or 
place  of  beginning,  shall  be  known  as  Willis  Avenue  market.  (New.) 


ARTICLE  3 

FARMERS  AND  MARKET-GARDENERS 

Sec.  50.  License  required. 

§ 51.  Market  wagons. 

§ 52.  Removal  of  obstructions. 

Sec.  50.  License  required. — Any  farmer  or  market  gardener,  desir- 
ing to  use  any  public  market,  may  present  to  the  collector  of  city 
revenue  and  superintendent  of  markets  an  affidavit,  stating  his 
name,  residence,  occupation  and  a general  description  of  the  commod- 
ities which  he  desires  to  sell  in  such  market,  together  with  a request 
that  a license  be  issued  to  him  for  market  privileges.  On  the  filing  of 
such  affidavit,  and  the  payment  of  a nominal  fee  sufficient  to  defray 
the  cost  of  issuing  the  license,  the  collector  of  city  revenue  and 
superintendent  of  markets,  if  satisfied  that  the  applicant  is  a rep- 
utable person,  shall  issue  to  him  a license  to  use  such  market  for  a 
period  not  to  exceed  one  year.  All  licenses  issued  under  this  section 
shall  be  numbered  and  registered,  in  the  office  of  the  collector  of  city 
revenue  and  superintendent  of  markets,  and  there  shall  be  issued  to 
17 


258 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


each  licensee  a market  tag  or  plate,  in  such  form  and  design  as  shall 
be  prescribed  by  the  comptroller,  upon  which  the  number  of  the 
license  shall  conspicuously  appear.  No  unlicensed  farmer  or  market 
gardener  shall  be  permitted  to  use  any  public  market,  and,  while  any 
hcensed  farmer  or  market  gardener  shall  be  exercising  market 
privileges,  he  shall  at  all  times  cause  to  be  displayed  conspicuous!}' 
the  tag  or  plate  containing  the  number  of  his  license.  (Charter, 
§ 163,  in  part.) 

§ 51.  Market  wagons. — The  owner  of  every  cart  or  other  vehicle, 
used  for  the  purpose  of  bringing  meat,  garden  produce  or  other  thing 
to  any  of  the  pubhc  markets  to  be  sold,  shall  cause  his  name  to  be 
painted  in  a plain  manner  and  on  a conspicuous  part  of  such  cart  or 
vehicle.  (C.  O.  § 83e.) 

§ 52.  Removal  of  obstructions. — All  vehicles,  boxes,  baskets,  market- 
produce  and  other  articles  and  things  brought  into  any  market  or 
market  place,  or  placed  upon  a street  or  sidewalk  adjacent  to  any 
market,  shall  be  removed  therefrom  by  the  licensee,  or  other  person 
responsible  for  such  obstruction,  at  the  close  of  market-hours,  or 
sooner,  if  required  by  the  collector  of  city  revenue  and  superintend- 
ent of  markets  or  his  authorized  subordinate.  (C.  O.  § 83c.) 


MUNICIPAL  CIVIL  SERVICE 


259 


CHAPTER  16 
Municipal  Civil  Service 

Article  1.  General  provisions. 

2.  Special  provisions. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Officers  and  employees  to  be  residents. 

§ 2.  Vacations. 

§ 3.  Hours  of  service  during  July  and  August. 

Sec.  1.  Officers  and  employees  to  he  residents, — No  person  not  a 
citizen  and  an  actual  resident  and  dweller  in  good  faith  in  the  state 
of  New  York  shall  be  eligible  to  appointment  or  employment  in  any 
of  the  departments,  boards,  bureaus  or  branches  of  the  government 
of  the  city.  Any  person  who  now  is,  or  who  shall  become,  after 
such  appointment  or  employment,  a citizen,  resident  or  dweller 
outside  the  state  of  New  York,  shall  thereby  forfeit  his  said  ap- 
pointment or  employment  and  shall  be  removed  therefrom.  The 
provisions  of  this  section  shall  not  apply  to  appointments  or  em- 
ployments for  services  of  work  to  be  performed  for  the  city  outside 
the  state  of  New  York;  nor  to  a temporary  appointment  or  employ- 
ment for  a specific  service  or  work,  where  peculiar  or  exceptional 
qualifications  of  a scientific,  professional  or  educational  character 
are  necessary.  Prior  to  such  temporary  appointment  or  employ- 
ment, evidence  in  writing  shall  be  furnished  that  the  services  or 
work  to  be  performed  cannot  be  well  done  by  any  citizen  and  actual 
resident  of  the  state  of  New  York,  who  is  available,  and  that  the 
non-resident  person  proposed  to  be  appointed  is  generally  recog- 
nized as  one  possessing  such  exceptional  qualifications  in  a high 
degree.  No  appointment  or  employment  under  this  section  shall 
be  valid  unless  the  consent  of  the  mayor  shall  be  first  obtained.  He 
may  require  the  municipal  civil  service  commission  to  pass  upon  the 
matter  and  certify  whether  such  appointment  or  employment  be 
necessary,  and,  also,  whether  the  non-resident  person  proposed 
therefor  be  competent  and  necessary,  for  lack  of  a citizen  and  actual 
resident  of  the  state  of  New  York,  who  is  available  for  appointment. 
(Ord.  Apr.  29,  1913.) 

§ 2.  Vacations. — 1.  Salaried  employees.  The  executive  heads  of 
the  various  departments,  and  the  bureaus  thereof,  of  the  city,  includ- 
ing the  department  of  education,  shall  grant  a vacation  of  not  less 
than  2 calendar  weeks  in  each  year  to  every  employee  for  whom 
provision  is  made  for  continuous  or  yearly  service;  provided,  that 
if  any  employee  has  been  less  than  1 year  in  the  service,  it  shall  be 
within  the  discretion  of  the  executive  head  of  the  department  or 
bureau  having  jurisdiction  to  grant  such  vacation.  Vacations 
authorized  by  this  sub-division  may  be  extended  for  such  period  of 


260  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

time  as  the  duties,  length  of  service,  and  other  qualifications  of  the 
employee  may  warrant. 

2.  Per  diem  employees.  A vacation  shall  be  granted,  during  the 
months  of  June,  July,  August  and  September  of  each  year,  to  each 
per  diem  employee  who  has  been  in  the  service  of  the  city  for  at 
least  one  year  prior  to  each  June  1st  and,  during  said  year,  has 
actually  worked  for  a period  of  at  least  150  days  in  the  aggregate, 
and  who  shall  waive  all  claims  to  any  rights  or  privileges  under 
Chapter  121,  Laws  of  1913.  Such  vacation  shall  consist  of  1 day 
for  each  25  days  that  the  employee  has  actually  worked  during  the 
said  year.  This  subdivision  shall  not  apply  to  per  diem  employees 
who  are  engaged  to  furnish  professional  or  expert  services  at  a per 
diem  rate. 

3.  Time  of  vacation.  The  heads  of  the  various  departments  and 
bureaus  may  fix  the  time  when  vacations  shall  be  given,  except  that 
per  diem  employees,  other  than  those  of  the  department  of  parks, 
shall  be  given  vacations  only  during  the  months  of  June,  July,  Au- 
gust and  September. 

4.  Compensation.  For  all  vacations  granted  under  this  section, 
the  same  compensation  shall  be  allowed  as  if  the  recipient  were  ac- 
tually employed.  (Ord.  June  6,  1914.) 

§ 3.  Hours  of  service  during  July  and  August. — Four  hours  upon 
any  Saturday,  during  the  months  of  July  and  August,  shall  consti- 
tute a full  day’s  work  for  all  employees  of  any  department  or  bureau 
of  the  city.  The  head  of  a department  or  bureau  shall  have  power 
to  employ  his  subordinates  upon  any  legal  holiday,  or  may  employ 
them  upon  any  such  Saturday  in  excess  of  the  legal  day’s  work  above 
prescribed,  paying  them  compensation  therefor  at  the  rate  of  their 
usual  wages  or  salaries.  The  provisions  of  this  section  shall  apply 
to  and  include  per  diem  employees,  but  shall  not  apply  to  the  uni- 
formed forces  of  the  police  and  fire  departments.  (Ord.  June  24, 
1913.) 


ARTICLE  2 

SPECIAL  PROVISIONS 

Sec.  10.  Employees  of  fire  or  police  department;  reinstatement. 

Sec.  10.  Employees  of  fire  or  police  department;  reinstatement. — 
Employees  of  the  fire  or  police  department,  not  entitled  to  a trial 
before  dismissal,  and  who  were  given  an  opportunity  to  explain 
charges  before  they  were  removed,  may  apply  to  the  mayor,  within 
one  year  from  the  date  of  the  order  separating  them  from  the  service, 
for  a further  opportunity  to  explain,  setting  forth  the  reasons  for 
such  action.  The  mayor  may,  in  his  discretion,  grant  the  applica- 
tion. The  fire  or  police  commissioner  shall,  thereupon,  afford  a 
further  opportunity  to  the  dismissed  employee,  to  explain  the 
charges  filed  against  him,  on  which  the  removal  was  based.  There- 
after, the  fire  or  police  commissioner  may,  in  his  discretion,  reinstate 
the  dismissed  employee  or  reaffirm  the  previous  removal;  but,  prior 
to  any  reinstatement  under  this  section,  the  former  employee  shall 
file  a written  statement  waiving  all  claim  or  claims  for  back  salary 
and  damages  of  any  kind  whatsoever.  (Ord.  Mar.  4,  1914.) 


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261 


CHAPTER  17 

Parks,  Parkways  and  Park-Streets 

Article  1.  General  provisions. 

2.  Traffic  regulations. 

3.  Building  and  other  projections. 

4.  Miscellaneous. 

The  power  of  the  Board  of  Aldermen  to  pass  Park  Ordinances  is  prescribed  in 
the  Greater  New  York  Charter  (L.  1897,  ch.  378,  sec.  47),  and  the  Revised  Charter 
(L.  1901,  ch.  466,  sec.  43). 

By  Laws  1904,  chapter  678,  section  1,  amending  section  610,  Laws  1901,  chap- 
ter 466,  the  Park  Rules  in  force  May  1,  1904,  were  made  a chapter  in  the  City  Ordi- 
nances and  amendments  when  adopted  by  the  Park  Board  became  effective  when 
copies  were  filed  with  the  City  Clerk. 

The  following  is  taken  from  the  Park  Ordinances,  adopted  Nov.  19,  1914. 

ARTICLE  1 

GENERAL  PROVISIONS 


Sec.  1.  Definitions. 

§ 2.  Interfering  with  lands  or  improvements  thereon. 

§ 3.  Sub-surface  disturbances. 

§ 4.  Over-head  wires. 

§ 5.  Destruction  of  or  injury  to  park  property. 

§ 6.  Preservation  of  lawns  and  grass  plots. 

§ 7.  Bringing  trees,  plants  and  flowers  into  parks. 

§ 8.  Use  of  roller  skates. 

§ 9.  Rubbish  and  refuse  matter. 

§ 10.  Processions;  drills;  music. 

§ 11.  Public  meetings. 

§ 12.  Sales  or  exhibitions. 

§ 13.  Posting  bills  or  placards;  distributing  cards,  circulars  or 
pamphlets. 

§ 14.  Bathing,  fishing,  boating  and  skating. 

§ 15.  Protection  of  animals,  birds  and  reptiles. 

§ 16.  Animals  at  large. 

§ 17.  Disorderly  conduct. 

Sec.  1.  Definitions. — Unless  otherwise  expressly  stated,  whenever 
used  in  this  chapter,  the  following  terms  shall  respective!}^  be  deemed 
to  mean: 

1.  Commissioner y or  the  commissioner y the  park  commissioner 
having  jurisdiction  of  a particular  park,  or  park-street,  as  herein- 
after defined; 

2.  Parky  any  park,  parkway,  square,  circle,  or  concourse,  or  part 
thereof,  under  the  jurisdiction  of  the  park  department; 

3.  P ark-street y a street,  avenue,  boulevard  or  other  highway,  under 
the  jurisdiction  of  the  park  department; 

4.  Perrnity  a written  authorization  for  the  exercise  of  a specified 
park  privilege,  issued  by  the  park  commissioner  having  jurisdiction. 

§ 2.  Interfering  with  lands  or  improvements  thereon. — No  person 
shall  modify,  alter  or  in  any  manner  interfere  with  the  line  or  grades 


262 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


of  any  park  or  park  street,  nor  take  up,  move  or  disturb  any  curb, 
gutter  stone,  flagging,  tree,  treebox,  railing,  fence,  sod,  soil  or  gravel 
thereof,  except  by  direction  of  the  commissioner  or  under  his  permit. 

§ 3.  Sub-surface  disturbances. — No  person  shall  open,  expose  or 
interfere  with  any  water  or  gas  pipe,  hydrant,  stopcock,  sewer,  basin 
or  other  construction,  within  or  upon  any  park  or  park  street,  nor 
make  any  connection  therewith,  except  under  the  authority  of  a 
permit,  and  upon  the  deposit  of  such  sum  of  money  as  may  be  re- 
quired by  the  commissioner  to  insure  the  restoration  of  the  soil,  sod, 
plants,  shrubs,  trees,  sidewalk,  pavement,  curb,  gutter  and  flagging 
disturbed  in  the  making  of  such  connection. 

§ 4.  Overhead  wires. — No  person  shall  attach  or  string  any  electric 
or  other  wire,  or  adjust  or  carry  the  same  into  or  over  any  park  or 
park-street,  except  under  a permit. 

§ 5.  Destruction  of  or  injury  to  park  property. — No  person  shall  cut, 
break  or  in  any  way  injure  or  deface  any  tree,  shrub,  plant,  grass, 
post,  railing,  chain,  lamp,  lamp-post,  bench,  tree-guard,  building, 
structure  or  other  property  in,  or  upon  any  park  or  park  street. 

§ 6.  Preservation  of  lawns  and  grass  plots. — No  person  shall  go 
upon  any  lawn  or  grass  plot  in  any  park  or  parkway  where  prohibited 
by  any  special  order  of  the  commissioner,  which  prohibition  shall  be 
indicated  by  proper  signs. 

§ 7.  Bringing  trees ^ plants  and  flowers  into  parks. — No  person  shall 
bring  into  or  carry  within  a park  any  tree,  shrub,  plant  or  flower,  or 
newly  plucked  part  thereof,  without  a permit. 

§ 8.  Use  of  roller  skates. — No  person  shall  use  roller  skates  upon  any 
sidewalk,  bridle  path  or  driveway,  nor  in  any  building  or  place  of 
public  assembly,  except  upon  such  walks  and  during  such  hours  as 
may  be  designated  by  the  commissioner. 

§ 9.  RubHsh  and  refuse  matter. — No  person  shall  throw,  cast  or 
lay,  or  direct,  suffer  or  permit  any  servant,  agent,  employee,  or  person 
in  his  or  her  charge,  to  throw,  cast  or  lay,  any  ashes,  offal,  vegetables, 
garbage,  dross,  cinders,  shells,  straw,  shavings,  paper,  dirt,  filth,  or 
rubbish  of  any  kind  whatsoever  in  any  park,  or  in  any  lake,  lawn, 
path,  walk,  road  or  drive  thereof,  or  in  any  park-street;  provided  that 
in  the  morning  before  8 o’clock,  or  before  the  first  sweeping  of  the 
roadway  of  any  park-street  by  the  street  cleaners,  dust  from  the 
sidewalk  may  be  swept  into  the  gutter,  if  there  piled,  but  not  other- 
wise. 

§ 10.  Processions;  drills;  music. — No  parade,  drill  or  manoeuver  of 
any  kind  shall  be  conducted,  nor  shall  any  person  play  upon  a musical 
instrument  or  display  any  flag,  banner,  target,  sign,  placard  or 
transparency  in  any  park,  nor  shall  any  civic  or  other  procession 
form  or  move  therein,  without  a permit;  but  no  such  permit  shall  be 
necessary  for  the  use  of  the  parade  ground  in  Van  Cortlandt  park, 
borough  of  the  Bronx,  and  the  parade  ground  adjacent  to  Prospect 
park,  borough  of  Brooklyn  by  organizations  of  the  National  Guard  of 
the  State  of  New  York. 

§ 11.  Public  meetings. — No  person  shall  erect  any  structure,  stand 
or  platform,  or  hold  any  meeting,  or  perform  any  ceremony  or  make 
a speech,  address  or  harangue  in  any  park,  without  a permit. 

§ 12.  Sales  or  exhibitions. — No  person  shall  expose  any  article  for 
sale  or  exhibition,  nor  perform  any  personal  service  for  hire,  nor  take 


PARKS,  PARKWAYS  AND  PARK-STREETS 


263 


any  photograph  in  any  park  or  parkway,  except  under  a permit,  to 
be  issued  by  the  commissioner. 

§ 13.  Posting  bills  or  placards;  distributing  cards,  circulars  or 
pamphlets. — No  person  shall  post  any  bill,  placard,  notice  or  other 
paper  upon  any  structure,  tree,  rock,  article  or  thing  within  any 
park  or  upon  any  park-street,  nor  paint  nor  affix  thereon,  in  any 
other  way,  any  advertisement,  notice  or  exhortation,  except  under  a 
permit  and  in  strict  conformity  therewith.  No  person  shall  dis- 
tribute, hand  out  or  cast  about  any  card,  circular,  pamphlet  or  other 
printed  matter  within  any  park  or  upon  any  park  street. 

As  to  posting  placards  on  private  property,  see  People  v.  Green,  85  App.  Div.  400. 

§ 14.  Bathing,  fishing,  boating,  and  skating. — No  person  shall 
bathe  in,  nor  disturb,  in  any  way,  the  fish  in  the  waters  or  fountains 
of  any  park,  nor  cast  any  substance  therein;  except,  that  m the 
waters  adjacent  to  Pelham  Bay  park  bathing  and  fishing  shall  be 
permitted,  subject  to  the  rules  and  regulations  prescribed  by  the 
commissioner.  Fishing  may  also  be  allowed  in  the  lakes  of  Prospect 
j)ark,  under  permits.  No  person  in  bathing  costume  shall  walk  or 
ride  in  any  park  or  parkway,  except  in  Pelham  Bay,  Seaside  and 
Dreamland  parks.  No  boat  or  vessel  shall  be  placed  upon  any  of 
the  waters  of  any  park,  except  by  special  permit.  No  skating  or 
sledding  shall  be  allowed  on  park  lakes,  unless  and  until  the  ice  is 
declared  to  be  in  a suitable  condition  by  the  commissioner. 

§ 15.  Protection  of  animals,  birds  and  reptiles. — No  person  shall 
hunt,  chase,  shoot,  trap,  discharge  or  throw  missiles  at,  or  molest  or 
disturb  in  any  way,  any  animal,  bird  or  reptile  in  any  park. 

§ 16.  Animals  at  large. — No  horse  or  other  animal  shall  be  allowed 
to  go  at  large  in  any  park  or  upon  any  park-street,  except  dogs  that 
are  restrained  by  a chain  or  leash  not  exceeding  6 feet  in  length. 

§ 17.  Disorderly  conduct. — No  person  shall,  in  any  park, 

1 . Use  threatening,  abusive  or  insulting  language; 

2.  Do  any  obscene  or  indecent  act,  or  any  act  tending  to  a breach 
of  the  public  peace; 

3.  Throw  stones  or  other  missiles; 

4.  Beg  or  publicly  solicit  subscriptions  or  contributions; 

5.  Tell  fortunes; 

6.  Play  games  of  chance,  or  use  or  operate  any  gaming  table  or 
instrument; 

7.  Climb  upon  any  wall,  fence,  shelter,  seat,  statue  or  other 
erection; 

8.  Fire  or  carry  any  firearm,  firecracker,  torpedo  or  fireworks; 

9.  Make  a fire; 

10.  Enter  or  leave  except  at  the  established  entrance-ways; 

11.  Enter  any  park  for  the  purpose  of  loitering  and  remaining 
therein  after  12  o’clock  at  night,  except  as,  on  special  occasions,  the 
occupation  and  use  thereof  may  be  authorized  beyond  the  regular 
hours. 

All  persons  doing  any  act  injurious  to  a park  shall  be  removed 
therefrom  by  the  park  keepers  or  by  the  police.  When  necessary  to 
the  protection  of  life  or  property,  the  officers  and  keepers  of  the  park 
may  remove  all  persons  from  any  designated  part  thereof. 

Park  ordinances  must  be  reasonable.  Matter  of  Wright,  29  Hun,  357 ; Baldwin 
V.  Park  Comrs.,  N.  Y.  Daily  Register,  Apr.  8,  1891. 


2G4 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


ARTICLE  2 

TRAFFIC  REGULATIONS 

Sec.  30.  Use  of  drives  and  bridle  paths. 

§ 31.  Vehicles  obstructing  assemblies. 

§ 32.  Towing  vehicles. 

§ 33.  Restrictions  on  certain  vehicles. 

§ 34.  Public  hacks,  cabs  and  automobiles. 

§ 35.  Carriers  of  offensive  refuse  or  heavy  materials. 

§ 36.  Smoky  motor  vehicles. 

§ 37.  Park-streets. 

§ 38.  Harlem  River  driveway. 

§ 39.  Ocean  boulevard,  Bay  parkway.  Eastern  parkway  and  the 
Brooklyn-Queens  speedway. 

§ 40.  Bicyclists. 

§ 41.  Coney  Island  cycle  paths. 

§ 42.  Instruction  in  driving  motor  vehicles  or  bicycles. 

Sec.  30.  Use  of  drives  and  bridle  paths. — In  all  parks  and  park- 
ways, the  drives  shall  be  used  only  by  persons  in  pleasure  vehicles, 
on  bicycles  or  on  horseback;  the  bridle  paths  only  by  persons  on 
horseback.  Animals  to  be  used  on  either  shall  be  well  broken,  and 
constantly  held  in  such  control  that  they  may  be  easily  and  quickly 
turned  or  stopped;  except  as  otherwise  provided  in  this  article  they 
shall  not  be  allowed  to  move  at  a rate  of  speed  on  the  drives  or 
bridle  paths  of  more  than  8 miles  an  hour.  When  an  officer  on  duty 
shall  direct,  by  gesture  or  otherwise,  that,  the  speed  of  an  animal 
or  vehicle  shall  be  checked,  or  that  it  shall  be  stopped,  or  its  course 
altered,  such  direction  shall  be  immediately  obeyed.  No  horse  or 
other  beast  of  burden  nor  any  automobile,  shall  be  driven  or  suf- 
fered to  stand  anywhere  except  on  the  drive  or  bridle  path.  On 
all  driveways  and  parkways  where  grass  plots  divide  the  way,  all 
vehicles  and  horsemen  must  keep  on  the  right  hand  drive  or  bridle 
path. 

§ 31.  Vehicles  obstructing  assemblies. — No  owner  or  operator  of 
an  automobile  or  horse-drawn  vehicle  shall  stop  near  any  of  the 
music  stands  or  other  places,  in  or  about  a park,  parkway,  plaza, 
concourse,  circle  or  square,  where  any  considerable  number  of  per- 
sons are  accustomed  to  congregate,  or  where  such  automobiles  or 
vehicles  would  be  a source  of  danger  to  life  and  limb,  except  by 
permission  of  the  commissioner. 

§ 32.  Towing  vehicles. — No  vehicle  of  any  kind,  in  tow  of  another 
vehicle  or  machine,  shall  be  allowed  to  enter  any  park  or  to  proceed 
along  any  parkway,  but,  in  case  of  break-downs  within  a park  or 
parkway,  the  disabled  vehicle  may  be  towed  to  the  nearest  point 
of  exit. 

§ 33.  Restrictions  on  certain  vehicles. — 1.  Hearses.  No  hearse, 
no  other  vehicle  or  person  carrying  the  body  of  a dead  person,  shall 
enter  or  be  allowed  in  any  part  of  a park,  except  by  permit. 

2.  Public  carriers.  No  public  omnibus  or  express  wagon,  and  no 
wagon,  cart  or  other  vehicle,  carrying  or  ordinarily  used  to  carry 
merchandise,  goods,  tools  or  rubbish  shall  enter  such  public  parks. 


PARKS,  PARKWAYS  AND  PARK-STREETS 


265 


parkways,  squares  or  places  except  upon  traffic  roads  provided  for 
the  purpose,  without  a permit; 

3.  Fire  apparatus.  No  fire  engine,  or  other  apparatus  on  wheels 
for  extinguishing  fire  shall  enter  or  be  allowed  upon  any  part  of  the 
park,  except  the  transverse  and  traffic  roads. 

§ 34.  Public  hacks,  cabs  and  automobiles. — 1.  Special  permits. 
No  automobile,  stage  or  other  vehicle  shall  be  allowed  to  carry  pas- 
sengers for  hire  over  or  upon  any  park  or  parkways,  except  upon 
traffic  roads,  without  a permit. 

2.  Awaiting  fares.  No  vehicle  for  hire  shall  stand  within  a park, 
parkway  or  park-street  for  the  purpose  of  taking  up  passengers, 
other  than  those  whom  it  has  brought  in,  without  a permit. 

3.  Soliciting  passengers.  All  drivers  or  attendants  of  vehicles 
for  hire,  standing  upon  or  within  any  park,  parkway  or  park-street, 
shall  remain  in  close  proximity  to  their  vehicles  while  so  standing, 
and  no  person  shall  in  any  way  solicit  a passenger  for  any  vehicle 
for  hire  in  any  park,  parkway  or  park-street. 

§ 35.  Carriers  of  offensive  refuse  or  heavy  materials. — No  garbage, 
ashes,  manure  or  other  offensive  material  shall  be  carried  over  any 
parkway  or  through  any  park  except  upon  traffic  roads  set  apart 
for  the  purpose.  When  such  refuse  is  to  be  removed  from  residences 
fronting  on  any  park  or  park-street,  the  vehicle  collecting  the  same 
must  leave  the  park  or  street  as  soon  as  the  collection  has  been  ac- 
complished, and  within  the  time  prescribed  by  the  commissioner. 
No  earth,  sand  or  broken  stone  shall  be  carried  over  any  parkway 
except  on  traffic  roads,  without  a permit. 

§ 36.  Smoky  motor  vehicles. — No  person  shall  be  permitted  to  run 
a motor  vehicle  which  emits  offensive  quantities  of  smoke  or  gas  or 
disagreeable  odors  from  its  exhaust,  or  muffler,  in  a park  or  park- 
street. 

§ 37.  Park  streets. — 1.  General.  No  animal  or  vehicle  shall  be 
permitted  to  stand,  nor  shall  any  incumbrance  of  any  kind  be  al- 
lowed to  remain  upon  any  street  adjacent  to  or  bounding  upon  any 
park,  without  a permit;  except  that  vehicles  may  be  permitted  to 
take  up  and  set  down  passengers,  and  to  load  and  unload  merchan- 
dise in  the  usual  manner,  and  may  occupy  the  street  a reasonable 
time  for  the  purpose;  provided,  however,  that  they  shall  not,  while 
so  doing,  unnecessarily  incumber  the  street  or  obstruct  travel  therein. 

2.  Special.  The  delivery  of  supplies  to  the  residences  on  West  72d 
street.  West  End  avenue  north  of  70th  street,  West  86th  street. 
Riverside  drive.  Cathedral  parkway  and  Morningside  avenue, 
west,  in  Manhattan,  and  the  Shore  road  in  Brooklyn,  will  be  per- 
mitted in  the  forenoon,  but  no  business  vehicles  shall  enter  upon 
or  pass  over  said  parkways  after  the  hour  of  noon,  except  by  special 
permit.  In  passing  over  any  of  said  streets,  business  vehicles  must 
go  directly  to  the  place  of  delivery  and  must  leave  such  street  with- 
out unnecessary  delay,  and  by  the  shortest  route — the  place  of 
entry,  if  possible.  The  park-streets  specified  in  this  subdivision  must 
not  be  used  to  enable  business  vehicles  to  reach  places  exterior  to 
such  streets. 

§38.  Harlem  River  driveway. — 1.  Speedway  restricted.  The  use 
of  the  Speedway  is  restricted  to  horse-drawn  pleasure  vehicles  and 
to  light  vehicles  of  the  classes  known  as  buggies,  runabouts,  surreys 


266 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


and  other  like  vehicles  adapted  to  the  speeding  of  light  harness  horses, 
seating  not  more  than  four  persons  and  drawn  by  one  or  two  horses 
except  by  permit.  Exercising  carts  may  be  used  until  1 p.  m.,  only. 

While  bicycles  may  be  excluded  from  speedway,  horses  ridden  cannot  be  excluded. 
Dali  V.  Devery,  27  Misc.  149. 

2.  Speeding^  on  Sundays  and  holidays,  and  after  3 o^clock  p.  m. 
on  other  days,  will  be  permitted  in  one  direction — from  north  to 
south  only. 

3.  Ordinary  travel.  When  not  speeding,  drivers  must  keep  closely 
to  the  right  hand  side  of  the  road  and  keep  moving. 

4.  Turning  forbidden  except  at  the  ends  of  the  driveway  and  at 
the  bridges. 

5.  Loud  shouting j to  make  horses  break  or  urge  them  on,  is  strictly 
prohibited. 

6.  Hobbles.  The  use  of  hobbles,  or  other  similar  device  or  ap- 
paratus to  fetter  or  connect  the  legs  of  horses,  for  the  purpose  of 
restricting  or  hampering  their  motion  or  gait,  is  forbidden. 

7.  Crossing  roadway.  Pedestrians  must  not  cross  on  the  Speed- 
way; subways  are  provided  for  that  purpose. 

§ 39.  Ocean  boulevard,  Bay  parkway,  Eastern  parkway  and  the 
Brooklyn-Queens  speedway. — 1.  Business  vehicles.  Wagons,  trucks, 
and  other  business  vehicles,  heavy  or  light,  are  prohibited  from  using 
the  main  drive  of  the  Ocean  parkway,  and  from  using  Bay  parkway, 
between  80th  street  and  Gravesend  bay,  and  must  use  the  west  road 
at  all  times,  and  they  must  use  the  block  pavement,  at  either  side 
of  the  main  road  or  the  traffic  roads  of  the  Eastern  parkway. 

2.  Automobiles.  Automobiles  will  not  be  permitted  on  the  Speed- 
way, between  Bay  parkway  and  King’s  highway,  on  Wednesday 
afternoons  between  1 and  6,  p.  m.  During  these  hours,  on  Wednes- 
days, automobiles  must  take  the  west  road.  Vehicles  of  all  other 
kinds  except  those  for  light  harness  driving  shall  be  excluded  from 
the  Speedway  during  the  hours  herein  specified. 

3.  Speeding.  Light  harness  driving  on  the  Speedway  (Ocean 
parkway,  between  Bay  parkway  and  Kings  highway)  shall  not  be 
restricted  as  to  speed,  on  Wednesdays,  between  the  hours  of  1 and 
6,  p.  m. ; speeding,  however,  is  only  to  be  permitted  from  Bay  park- 
way toward  Coney  Island,  and  drivers  shall  be  compelled  to  observe 
the  rules  of  the  road. 

§ 40.  Bicyclists. — No  person  shall  ride  a bicycle  upon  the  foot- 
paths in  any  park  or  parkway.  Bicyclists  walking  upon  a foot-path 
may  push  their  wheels  along  the  path,  but  in  no  case  shall  the  ma- 
chine be  taken  upon  the  turf. 

An  ordinance  forbidding  bicycles  in  parks  cannot  be  called  unreasonable,  as 
matter  of  law.  Matter  of  Wright,  29  Hun,  357. 

§41.  Coney  Island  cycle-paths. — 1.  Restriction.  Horses,  wagons, 
carriages,  automobiles  and  pedestrians  must  not  use  bicycle  paths. 

2.  Going  and  returning.  Cyclists  and  motorcyclists  must  use 
the  west  path  when  going  toward  Coney  Island,  and  the  east  path  in 
returning. 

3.  Speed  limit.  Cyclists  and  motorcyclists  must  not  exceed  a 
speed  of  18  miles  an  hour  on  the  bicycle  paths.  Racing  on  the  bicycle 
paths  is  prohibited,  except  by  special  permission  of  the  commissioner. 

§ 42.  Instruction  in  driving  motor  vehicles  or  bicycles. — Instruction 


PARKS,  PARKWAYS  AND  PARK-STREETS 


267 


in  operating  automobiles,  motorcycles,  bicycles,  tricycles,  veloc- 
ipedes or  other  vehicles  of  propulsion,  is  prohibited  in  parks  and 
parkways  at  all  times. 


ARTICLE  3 

BUILDING  AND  OTHER  PROJECTIONS 

Sec.  60.  General  provisions. 

§ 61.  Fifth  avenue,  Manhattan. 

§ 62.  Riverside  drive. 

Sec.  60.  General  provisions. — 1.  Jurisdiction.  Each  commissioner 
may  grant  permits  for  the  erection  and  maintenance  of  projections  on 
any  park  or  parkway,  within  his  jurisdiction,  and  on  all  streets  and 
avenues  within  a distance  of  350  feet  from  the  outer  boundaries 
thereof,  upon  such  terms  and  conditions  and  upon  the  making  of 
such  compensation  to  the  city  as  in  his  discretion  he  may  determine, 
with  respect  to  the  particular  locality. 

2.  Correction  of  defects.  Where  permits  have  heretofore  been 
granted  upon  the  making  of  compensation  and  a new  permit  is 
desired  to  correct  any  irregularity,  defect  or  supposed  want  of 
jurisdiction  in  the  granting  of  such  permit,  a new  permit  may  be 
granted  without  further  compensation. 

3.  Curb  and  surface  construction.  Each  commissioner  may  deter- 
mine the  line  of  curb  and  the  surface  constructions  of  all  streets  and 
avenues,  lying  within  any  park  or  parkway,  in  his  jurisdiction,  or 
within  a distance  of  350  feet  from  the  outer  boundaries  thereof,  as  he 
may  deem  advisable,  according  to  the  particular  locality,  and  best 
calculated  to  maintain  the  beauty  and  utility  of  such  park  or  park- 
way. 

4.  House  projections.  All  applications  for  the  privilege  of  erecting 
bay  windows  or  other  house  projections  shall  be  made  to  the  com- 
missioner in  whose  administrative  jurisdiction  the  park  or  parkway 
affected  lies,  who  may,  in  his  discretion,  grant  the  same,  upon  pay- 
ment of  a fee  to  be  determined  in  each  case  by  him.  Working  plans 
in  duplicate,  drawn  to  a scale  of  one-quarter  inch  to  the  foot,  shall  be 
required  to  accompany  each  application,  showing  the  elevation, 
plans  and  vertical  sections  of  extent  of  projection,  one  copy  of  which 
shall  be  filed  in  the  office  of  the  commissioner,  and  another  shall  be 
returned  to  the  applicant,  for  filing  in  the  appropriate  bureau  of 
buildings,  upon  the  approval  of  the  commissioner.  No  permit  will  be 
granted  to  cover  more  than  4 feet  of  projection  beyond  the  house  or 
building  line,  nor  shall  the  projections  occupy,  longitudinally  with 
the  street  or  avenue,  more  than  two-thirds  of  the  width  of  the  build- 
ing from  which  they  project. 

But  permanent  encroachments  or  projections  cannot  be  made  beyond  the  build- 
ing lines.  City  of  N.  Y.  v.  Rice,  198  N.  Y.  124;  Ackerman  v.  True,  175  N.  Y.  353. 

§ 61.  Fifth  avenue,  Manhattan. — Owners  of  property  on  the 
easterly  side  of  Fifth  avenue,  between  58th  and  111th  streets,  in  the 
borough  of  Manhattan,  are  permitted  to  inclose,  for  courtyard 
purposes,  and  not  otherwise  15  feet  of  the  sidewalks  adjacent  to  and 
in  front  of  their  respective  lots;  and  the  stoops  of  buildings  erected  on 


2G8 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


said  avenue  may,  in  such  cases,  project  to  the  extent  of  such  court- 
yards; provided 

1.  That  such  stoops  shall,  in  every  instance,  be  open  above  the 
railing  or  balustrade  thereof; 

2.  That  the  form,  size  and  character  thereof,  together  with  the 
form,  size  and  character  of  the  area  railings,  shall  be  subject  to  the 
approval  of  the  commissioner; 

3.  That  no  stoop  or  area  railing  shall  be  constructed  or  put  upon 
Fifth  avenue,  or  upon  any  of  the  streets  or  avenues  surrounding 
Central  Park,  within  the  boundaries  first  above  mentioned,  until  the 
plan  thereof  has  been  submitted  to  and  approved  by  the  said  com- 
missioner. 

§ 62.  Riverside  drive. — 1.  General  provisions.  No  structure  or 
construction  of  any  description,  nor  any  part  thereof  shall  be  placed 
or  permitted  on  or  under  Riverside  drive  until  working  plans  in 
duplicate,  drawn  to  a scale  of  34  iiich  to  the  foot  shall  have  been 
filed  with  the  department  of  parks,  with  an  application  for  the  erec- 
tion or  construction  of  the  structure;  said  drawings  to  show  eleva- 
tions, floor  plans  and  vertical  sections  of  the  extent  of  projections, 
and  that  the  applicant  has  received  permission  to  erect  the  said 
projection,  as  shown  on  drawings  from  the  department. 

2.  AreaSy  courtyards,  steps  or  stoops.  No  area,  courtyard,  step  or 
stoop,  or  any  part  or  appurtenance  thereof,  shall  project  into  the 
drive,  beyond  the  building  line,  to  the  extent  of  more  than  5 feet 
where  the  sidewalk  is  16  feet  wide;  7 feet,  where  the  sidewalk  is  20 
feet  wide;  8 feet,  where  the  sidewalk  is  25  feet  wide,  and  in  proportion 
to  the  above,  where  the  sidewalk  is  between  16  and  20  feet  or  be- 
tween 20  and  25  feet.  No  stoop  or  steps  shall  be  covered,  except  over 
the  landing  or  platform  at  the  top,  nor  shall  they  be  inclosed  except 
by  an  open  railing,  not  more  than  4 feet  in  height. 

3.  Bay  windows.  Bay  windows  shall  not  project  in  the  drive, 
beyond  the  building  line,  to  the  extent  of  more  than  4 feet,  and,  when 
allowed  to  project  into  the  drive,  they  shall  not  occupy,  longitudinally 
with  the  drive,  more  than  two-thirds  of  the  width  of  the  building 
from  which  they  project. 

4.  Balconies,  cornices  and  ornaments.  No  balcony,  cornice  or 
ornament  shall  project  into  the  drive,  beyond  the  house  line,  to  the 
extent  of  more  than  4 feet,  nor  shall  any  balcony  be  inclosed  on  the 
front  side,  except  by  a railing  not  over  4 feet  in  height. 

5.  Sub-surface  constructions.  No  vault  or  other  construction  below 
the  sidewalk  shall  be  built  except  in  such  manner  as  shall  leave  the 
sewers,  gas  and  water  pipes,  or  space  proposed  to  be  occupied  by  the 
same,  free  and  uninclosed  and  in  safe  condition,  nor  in  any  case  to 
extend  in  the  clear  beyond  the  curb  line. 

The  exclusive  jurisdiction  of  the  Department  of  Parks  over  Riverside  avenue 
was  sustained  in  Ackerman  v.  True,  175  N.  Y.  353. 

ARTICLE  4 

MISCELLANEOUS 

Sec.  70.  Trees  and  shrubs  in  streets. 

§ 71.  New  York  botanical  garden. 

§ 72.  Violations. 


PARKS,  PARKWAYS  AND  PARK-STREETS 


2G9 


See.  70.  Trees  and  shrubs  in  streets. — 1.  Plantiny.  No  shade  or 
ornamental  tree,  or  shrub,  shall  be  f)lanted  in  any  street  until  a permit 
therefor  has  been  granted.  No  hole  or  excavation  shall  be  prepared 
for  planting  any  tree  or  shrub,  unless  sufficient  mould  of  satisfactory 
quality  shall  be  used,  and  the  conditions,  such  as  the  absence  of 
poisonous  gas  and  deleterious  substances,  have  been  made  satisfac- 
tory. 

2.  Cutting j breaking  or  disturbing.  No  stem,  branch  or  leaf  of  any 
such  tree  or  shrub  shall  be  cut,  broken  or  otherwise  disturbed,  nor 
shall  the  root  of  any  such  tree  or  shrub  be  disturbed  or  interfered  with 
in  any  way,  by  any  individual  or  any  officer  or  employee  of  a public  or 
private  corporation,  until  a permit  shall  have  been  issued  therefor. 
The  surface  of  the  ground  within  3 feet  of  any  such  tree  or  shrub, 
shall  not  be  cultivated,  fertilized,  paved,  or  given  any  treatment 
whatever,  except  under  a permit. 

Reasonable  and  valid.  Baldwin  v.  Park  Com’rs,  N.  Y.  Daily  Register,  Apr.  8, 
1881. 

3.  Misuse.  No  person  shall  cut,  deface,  mutilate  or  in  any  way 
misuse  any  such  tree  or  shrub,  nor  shall  any  horse  or  other  animal 
be  permitted  to  stand  in  a manner  or  position  where  it  may  cut, 
deface  or  mutilate  the  same.  No  building  material,  or  other  ma- 
terial or  debris  of  any  kind,  shall  be  piled  or  maintained  against  any 
tree  or  shrub.  No  guy  rope,  cable  or  other  contrivance  shall  be 
attached  to  any  tree  or  shrub,  nor  shall  any  tree  or  shrub  be  used 
in  connection  with  any  banner,  transparency,  or  any  business  pur- 
pose whatever,  except  under  a permit. 

§ 71.  York  botanical  garden. — All  provisions  of  this  chapter, 
respecting  the  government  of  parks,  shall  be  applicable  to  the  New 
York  botanical  garden;  provided,  that  in  any  case  in  which  the  com- 
missioner is  authorized  to  issue  a permit  for  the  exercise  of  a park 
privilege,  the  permit,  if  authorizing  the  exercise  of  such  a privilege  in 
the  New  York  botanical  garden  shall  be  recommended  or  approved 
by  the  director  in  chief  of  the  garden. 

§ 72.  Violations. — Any  person  who  shall  violate  anj^  provision 
of  this  chapter  shall,  upon  conviction  therefor,  be  punished  by  a 
fine  of  not  more  than  $50,  or,  in  default  of  payment  of  such  fine, 
by  imprisonment  for  not  exceeding  30  days. 


270  CODE  OF  OUDINANCES  OF  THE  CITY  OF  NEW  YOilK 


CHAPTER  18 
Police 

Article  1.  Boiler  inspection. 

2.  Uniformed  force. 


ARTICLE  1 

BOILER  INSPECTION 

Sec.  1.  Regulation  of  minor  steam  vessels. 

Sec.  1.  Regulation  of  minor  steam  vessels. — All  boilers  in  vessels 
now  used  on  the  water  in  and  around  the  city,  not  coming  under 
the  jurisdiction  of  the  United  States  government,  shall  be,  under 
the  jurisdiction  of  the  police  department,  which  is  hereby  authorized 
and  empowered  to  test  said  boilers,  and  examine  the  persons  operat- 
ing the  same  as  to  their  qualifications  as  engineers  and  firemen. 
Such  tests  of  boilers,  and  the  examination  of  persons  operating  the 
same,  shall  be  conducted  in  accordance  with  such  provisions  of  the 
charter  and  laws  of  the  State  of  New  York  as  are  applicable  to  boilers 
operated  on  land.  (C.  O.  § 563.) 


ARTICLE  2 

UNIFORMED  FORCE 

(So  in  original.) 


IlAlLllOADy 


271 


CHAPTER  19 
Railroads 


Article  1.  Elevated  railroads. 

2.  Street  railroads. 

3.  Trunk  line  railroads. 

The  creation  of  the  Public  Service  Commission  by  the  Legislature,  took  from  the 
Board  of  Aldermen  many  powers  formerly  exercised  by  them,  and  many  of  the 
former  ordinances  were  repealed  by  this  revision.  Where  the  Public  Service  Com- 
mission had  fixed  a 15  minute  interval  for  running  street-cars,  an  ordinance  chang- 
ing that  to  10  minutes  was  not  valid.  City  of  Troy  v.  United  Traction  Co.,  134  App. 
Div.  756,  aff’d;  202  N.  Y.  333. 

Ordinances  must  be  reasonable  and  evidence  should  be  received,  when  offered, 
to  show  them  unreasonable.  Mayor,  etc.,  v.  Dry  Dock  East  Broadway  R.  R.  Co., 
133  N.  Y.  104.  See  Mayor  v.  N.  Y.  Harlem  R.  Co.,  10  Misc.  417.  Where  fenders 
were  required  on  the  front  platforms  of  Brooklyn  cars,  held  to  be  unreasonable. 
City  of  Brooklyn  v.  Nassau  Electric  Co.,  38  App.  Diy.  365. 

Unreasonable  to  require  conductor  as  well  as  driver  for  care  of  car.  Brooklyn 
Crosstown  R.  Co.  v.  City  of  Brooklyn,  37  Hun,  413. 


ARTICLE  1 

ELEVATED  RAILROADS 

Sec.  1.  Protection  of  streets  below  structures. 

§ 2.  Violations. 

Sec.  1.  Protection  of  streets  below  structures. — No  officer,  agent  or 
employee  of  any  elevated  railroad  shall  permit  any  oil,  grease,  water, 
coals,  scraps  of  iron,  tools,  or  other  liquid  or  solid  substances,  to 
fall  or  be  dropped  or  be  thrown  from  any  engine,  car,  track,  depot, 
structure,  or  other  part  or  portion  of  an  elevated  railroad,  into  or 
upon  any  street  or  public  place. 

§ 2.  Violations. — Any  person  being  the  president,  superintendent, 
or  a director  or  other  officer,  or  employee  of  an  elevated  railroad 
company  who  shall  violate  any  provision  of  this  article,  shall,  upon 
conviction  therefor,  be  punished  by  a fine  of  not  more  than  $50, 
or  by  imprisonment  for  not  exceeding  30  days,  or  by  both  such  fine 
and  imprisonment. 

Many  of  the  old  o^rdinances  have  been  dropped  from  this  code  as  being  super- 
seded by  the  Public  Service  Commission. 


ARTICLE  2 

STREET  RAILROADS 

Sec.  10.  Head-lights. 

§ 11.  Licenses. 

§ 12.  Transfers. 

Sec.  10.  Head4ights. — ^Each  railroad  company  whose  cars  are 
propelled  or  driven  within  the  limits  of  the  borough  of  Manhattan 


272  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


shall  provide  every  passenger  car,  baggage  car,  freight  car  or  other 
vehicle,  operated  by  said  company  upon  their  tracks  or  track  of  other 
companies  used  by  them,  with  a good  light  or  lantern,  which  shall  be 
placed  in  a conspicuous  position  on  the  front  of  the  car,  between 
sunset  and  sunrise  of  each  day.  Any  such  company  which  shall 
refuse  or  neglect  to  conform  to  the  provisions  of  this  section  shall 
be  subject  to  a penalty  of  $100  for  each  and  every  trip,  or  part  of  a 
trip,  made  by  a car  that  is  not  provided  with  the  required  light. 

§ 11.  Licenses. — 1.  Manhattan.  For  each  passenger  railroad  car 
running  in  the  borough  of  Manhattan,  there  shall  be  paid  into  the 
city  treasury  the  sum  of  $50  annually  for  a license;  except  the  one- 
horse  passenger  cars,  and  the  cars  of  the  Ninth  Avenue  Railroad 
Company,  which  shall  each  pay  the  sum  of  $25  annually  for  said 
license  as  aforesaid,  and  except  such  as  pay  the  sum  of  3 per  cent, 
or  over  on  their  gross  receipts,  or  where  the  franchise  has  been  sold 
at  public  sale  to  the  highest  bidder. 

2.  Brooklyn.  The  amount  to  be  paid  to  the  city  by  the  railroad 
companies  in  the  borough  of  Brooklyn,  for  the  privilege  of  running 
their  cars,  shall  be  calculated  on  the  average  number  of  cars  running 
annually  on  each  route  respectively,  excluding  the  extra  cars  run 
on  holidays. 

3.  Long  Island  City.  For  every  street  or  surface  car,  operated 
within  the  limits  of  that  section  of  the  city  formerly  known  as  Long 
Island  City,  there  shall  be  paid  to  the  comptroller  a license  fee  of  $15. 
(C.  O.  §§  56-58,  Manh.  Ords.) 

As  to  small  one-horse  cars,  see  Mayor,  etc.,  N.  Y.  C.  v.  Twenty-third  St.  R. 
Co.,  62  Hun,  545.  Where  a license  was  required  for  horse  cars  from  a company 
which  was  liable  to  pay  license  fees  by  the  terms  of  its  charter,  held  valid.  Mayor, 
etc.,  of  N.  Y.  V.  Broadway  and  Seventh  Ave.  R.  R.  Co.,  97  N.  Y.  275,  dist’g  Mayor 
V.  Second  Ave.,  32  N.  Y.  261,  and  Mayor  v.  Third  Ave.,  33  N.  Y.  42.  As  to  liability 
of  Eighth  Avenue  Railroad  to  pay  license  fees  for  cars  according  to  its  agreement 
with  the  city,  see  Mayor,  etc.,  of  N.  Y.  v.  Eighth  Ave.  R.  R.  Co«,  118  N.  Y.  389. 
Coach,  as  used  in  the  old  ordinance,  must  be  reasonably  interpreted  to  include 
cars  now.  Mayor,  etc.,  of  N.  Y.  v.  Third  Ave.  R.  R.  Co.,  117  N.  Y.  404,  and  where 
the  license  is  required  of  every  coach  it  must  be  paid  by  every  car,  no  matter  what 
may  be  the  mode  of  propulsion.  City  of  N.  Y.  y.  Third  Ave.  R.  R.,  Greenbaum,  J., 
N.  Y.  Law  Journal,  Feb.  25,  1904.  In  construing  an  old  statute  the  practical  con- 
struction in  effect  for  years  will  be  considered  where  there  is  ambiguity.  City  of 
N.  Y.  V.  N.  Y.  City  Ry.  Co.,  193  N.  Y.  543;  124  App.  Div.  936  (3  cases),  afif’d. 
Also  see  193  N.  Y.  679,  680,  affirming  cases  in  126  App.  Div.  36,  39,  42.  City  of 
N.  Y.  V.  N.  Y.  City  Ry.  Co.,  No.  1,  138  App.  Div.  131. 

§ 12.  Transfers. — Every  railroad  company  must  carry  each 
passenger  for  a single  fare  upon  its  cars,  without  change  therefrom, 
to  any  regular  stopping  place  desired  by  him,  upon  the  car^s  route  in 
the  direction  of  the  destination  so  designated;  and  for  every  violation 
of  this  section  there  shall  be  recovered  against  the  company  so 
offending  a penalty  of  $100;  but  this  provision  shall  not  apply  to  a 
transfer  made  to  a connecting  line,  going  in  a different  direction  from 
that  in  which  such  car  may  be  going,  nor  where  by  reason  of  any 
accident  compliance  with  this  section  is  rendered  impossible.  (C.  O. 
§§  503,  504.) 

This  is  the  so-called  “car-ahead”  ordinance.  Held  within  the  powers  conferred 
on  the  Board  of  Aldermen  and  that  State  Railroad  Act  was  not  intended  to  deprive 
city  authorities  from  regulating  similar  matters  within  precincts  of  the  city.  City 
of  New  York  v.  Interurban  Street  Ry.  Co.,  86  N.  Y.  Supp.  673,  43  Misc.  29.  See 
also  City  of  New  York  v.  N.  Y.  & Queens  Co.  R.  R.  Co.,  89  App.  Div.  442. 


RAILROADS 


273 


ARTICLE  3 

TRUNK-LINE  RAILROADS 

Sec.  30.  Park  avenue  tunnel. 

§ 31.  Long  Island  railroad. 

§ 32.  Grade  crossings. 

§ 33.  Obstruction  of  streets. 

§ 34.  Violations. 

Sec.  30.  Park  avenue  tunnel,  Manhattan. — No  railroad  company  or 
companies  using  any  tunnel  in  Park  avenue,  in  the  borough  of 
Manhattan,  nor  any  manager,  employee  or  servant  of  such  company 
shall  permit  bituminous  coal  smoke  to  escape  from  any  locomotive 
while  in  or  running  through  said  tunnel.  (§  70,  Manh.  Ords.) 

§ 31.  Long  Island  railroad. — No  freight  or  passenger  car  detached 
from  an  engine  of  the  Long  Island  railroad  company  shall  remain 
longer  than  10  minutes  in  any  public  street.  Bituminous  coal  shall 
not  be  used  on  any  engine  running  upon  said  railroad.  Whenever 
platforms  are  placed  in  the  streets  for  accommodation  of  passengers, 
the  said  company  shall  at  its  own  expense  keep  the  entire  street 
between  the  platform  and  the  curb  in  a cleanly  and  passable  condi- 
tion. This  shall  be  construed  to  apply  to  each  station  and  each 
platform  wherever  erected  by  said  company  within  the  city.  (§70, 
Brookl.  Ords.  revised.) 

§ 32.  Grade  crossings. — 1.  The  Bronx.  Every  person,  company  or 
corporation,  operating  or  controlling  any  railroad  in  the  borough  of 
The  Bronx,  upon  which  cars  are  drawn  by  locomotive  engines,  other 
than  those  known  as  “dummies,’’  shall  erect  and  maintain  suitable 
and  substantial  gates  or  doors  on  either  side  of  said  railroad,  at  every 
point  in  said  borough  at  which  its  road  or  tracks  cross  any  public 
street,  at  the  grade  thereof.  Such  gates  or  doors  shall  be  kept  well 
painted  and  in  good  repair,  and  shall  be  attended  at  all  times  during 
the  approach  and  passage  of  cars  or  trains  by  sober,  careful  and 
experienced  men,  whose  duty  it  shall  be  to  keep  the  tracks  clear  of  all 
horses,  cattle  and  vehicles,  to  warn  all  the  persons  against  crossing 
said  tracks  during  the  approach  of  any  train,  locomotive  or  car,  and 
to  close  said  gates  or  doors  at  least  one  minute  before  the  passage  of 
any  locomotive,  engine  or  car  over  said  public  street.  No  person, 
company  or  corporation,  operating  or  controlling  any  railroad  in  the 
borough  of  The  Bronx,  shall  run  or  allow  to  be  run  any  locomotive  or 
locomotive  and  tender  without  cars  across  any  public  street  in  said 
borough,  unless  the  gates  or  doors  at  such  crossing  are  closed  or 
down.  (§§  67,  68,  Manh.  Ords.) 

2.  Brooklyn.  At  each  street  crossing  between  Lin  wood  street  and 
Flatbush  avenue,  in  the  borough  of  Brooklyn,  men  shall  be  con- 
stantly stationed,  at  all  hours  of  the  night  and  day  when  trains  are  in 
motion,  and  all  crosswalks  between  such  street  crossings  shall  be 
properly  guarded  by  strong,  heavy  gates  at  least  20  feet  in  width,  at 
each  street  crossing,  which  shall  be  closed  before  the  passage  of  any 
engine  or  train.  (§  70,  Brookl.  Ords.) 

3.  Disregard  of  closed  gates.  No  person  shall  attempt  to  cross  the 
tracks  of  any  railroad  at  any  street  crossing,  while  the  gates  for  the 

18 


274 


CODE  OF  OHDINANCES  OF  THE  CITY  OF  NEW  YOllK 


protection  of  such  crossings  are  closed,  or  being  closed,  and  the  police 
sWl  arrest  any  person  so  offending.  (§  29,  Brookl.  Ords.) 

§ 33.  Obstruction  of  streets. — No  train  of  cars,  nor  any  part  thereof, 
including  the  locomotive  and  tender,  shall  remain  or  be  left  across 
or  upon  any  street  or  sidewalk,  so  as  to  obstruct  or  prevent  free 
travel  along  the  same  for  a longer  period  than  5 minutes,  during  any 
period  or  during  any  hour,  unless  the  same  shall  be  unavoidable. 

§ 34.  Violations. — Any  railroad,  or  the  manager  or  any  agent  or 
employee  thereof,  who  shall  violate  any  provision  of  this  article,  or 
who  shall  permit  the  same  to  be  violated  shall  be  liable  to  a penalty 
of  $100.  Any  person  who  shall  violate  the  provisions  of  subdivision  3 
of  § 32  of  this  article  shall,  upon  conviction  thereof,  be  punished  as 
provided  in  § 10  of  chapter  27  of  this  ordinance. 


CHAPTER  20 
Sanitary  Code 

(This  is  given  complete  at  the  end  of  this  Code.  As  the  Sanitary 
Code  is  wholly  within  the  jurisdiction  of  the  Board  of  Health  it  was 
not  included  in  the  Code  of  Ordinances  adopted  by  the  Board  of 
Aldermen,  although  it  was  given  a chapter  number  as  shown 
above.) 


8EWE11IS  AND  DRAINS 


275 


CHAPTER  21 
Sewers  and  Drains 

Article  1.  General  provisions. 

2.  Construction. 

3.  Maintenance. 


ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Jurisdiction. 

Sec.  1.  Jurisdiction. — All  sewers  and  drains  in  streets  or  public 
places  shall  be  under  the  charge  of  the  president  of  the  borough  in 
which  the  same  are  situated,  who  shall  keep  the  same  in  good  order 
and  condition,  and  clean  and  free  from  obstructions.  He  shall  cause 
such  repairs  to  be  made  to  sewers,  drains  and  to  the  receiving  basins, 
culverts  and  openings  connected  therewith,  as  may  from  time  to 
time  become  necessary;  provided  that  such  sewer  culverts  shall  be 
cleaned  at  night  and  not  in  the  daytime.  (C.  O.  § 152.) 


ARTICLE  2 

CONSTRUCTION 

Sec.  10.  Construction  generally. 

§ 11.  Private  constructions. 

§ 12.  Fees  for  connections. 

§ 13.  Constructors;  license  and  bond. 

§ 14.  Notice  to  public  service  corporations. 

§ 15.  Water  connections. 

Sec.  10.  Construction  generally. — 1.  Permit.  No  connection  shall 
be  made  with  any  sewer  or  drain  without  a written  permit  therefor, 
issued  by  the  borough  president  having  jurisdiction. 

2.  Mode  and  materials  of  construction.  Each  borough  president, 
within  his  jurisdiction,  shall  prescribe  the  mode  of  piercing  or  open- 
ing sewers  or  drains  and  the  form,  size  and  material  of  which  con- 
nections therewith  shall  be  composed,  and  shall  have  authority  to 
grant  permission  to  make  lateral  connections  with  said  sewers. 
No  person  shall  make  any  connection  with,  or  opening  into  any  sewer 
in  a mode  different  from  that  prescribed  therefor  by  the  borough 
president,  under  the  penalty  of  $50.  (C.  O.  §§  153,  156.) 

§ 11.  Private  constructions. — Within  his  jurisdiction,  each  borough 
president  may  issue  permits  to  persons  to  construct,  at  their  own 
expense,  sewers  or  drains,  or  to  lay  pipes  to  connect  with  any  sewers 
or  drains  built  in  any  street,  on  being  furnished  with  the  written 


27G  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

consent  of  the  owners  or  a majority  of  the  property  upon  the  street 
through  which  such  sewer,  drain  or  pipe  is  to  pass;  but  such  per- 
mission shall  not  be  granted  except  upon  the  agreement,  in  writing, 
of  the  persons  applying  therefor,  that  they  will  comply  with  the 
provisions  of  chapter  23  of  this  ordinance,  in  relation  to  excavations 
in  streets;  that  they  will  indemnify  the  city  for  any  damages  or  costs 
to  which  it  may  be  put,  by  reason  of  injuries  resulting  from  neglect 
or  carelessness  in  performing  the  work  so  permitted,  and  that  no 
claim  will  be  made  by  them  or  their  successors  in  interest  against  the 
city,  if  the  work  so  permitted  shall  be  taken  up  by  the  authority  of 
the  board  of  aldermen,  or  for  exemption  from  an  assessment  lawfully 
imposed  for  constructing  sewers  or  drains  in  the  vicinity  of  their 
property;  and  upon  the  further  condition  that  the  board  at  any 
time  may  revoke  and  annul  such  permission  and  direct  such  sewers, 
drains  or  pipes  to  be  taken  up  or  removed.  (C.  O.  § 154,  amend. 
Ord.  May  6,  1913.) 

§ 12.  Fees  for  connections. — 1.  Private.  The  fee  to  be  paid  to  the 
respective  borough  presidents  for  a permit  for  each  connection  made 
either  directly  or  indirectly,  with  any  public  sewer  or  drain,  shall 
be  as  follows; 

In  the  borough  of  Manhattan,  $10; 

In  the  borough  of  Brooklyn,  $10; 

In  the  borough  of  Queens,  $5; 

In  the  borough  of  The  Bronx,  $5; 

In  the  borough  of  Richmond,  $5. 

No  additional  charge  shall  be  made  for  the  sewer  connection  to  a 
building  erected  in  place  of  one  that  has  been  removed,  demolished 
or  destroyed  in  whole  or  in  part,  or  for  extensions  or  alterations 
made  to  same,  unless  actually  a new  connection  be  required.  (C.  O. 
§ 158,  amend.  May  6,  1913.) 

Five  dollars  held  to  be  a reasonable  fee,  City  of  Buffalo  v.  Stevenson,  145  App. 
Div.  117. 

2.  Public.  All  plumbing  contractors  performing  work  on  any 
municipal  or  public  building  in  the  city  shall  be  exempt  from  charge 
or  fees  for  connecting  into  any  public  sewer  in  any  street,  except  a 
nominal  charge  of  $10  for  each  such  municipal  or  public  building 
owned  by  the  city.  (Ord.  July  2,  1912.) 

§ 13.  Constructors;  license  and  bond. — All  openings  into  any  sewers 
or  drains,  for  the  purpose  of  making  connection  therewith,  from 
any  house,  cellar,  vault,  yard  or  other  premises,  shall  be  made  by 
persons  to  be  licensed  by  the  several  borough  presidents,  in  writing, 
to  perform  such  work,  who,  before  being  so  licensed,  shall  execute 
a bond  to  the  city  in  the  sum  of  $1,000,  with  one  or  more  sureties 
to  be  approved  by  the  borough  president  issuing  such  license,  con- 
ditioned that  they  will  carefully  make  all  openings  into  any  sewer 
or  drain  in  the  manner  prescribed  by  the  borough  president  having 
jurisdiction,  without  injuring  the  same;  that  they  will  leave  no  ob- 
structions of  any  description  whatever  in,  and  will  properly  close 
up  the  sewer  or  drain  around  the  connection  made  by  them  and 
make  no  opening  into  the  arch  of  any  sewer  or  drain;  that  they  will 
faithfully  comply  with  the  provisions  of  this  ordinance  relating  to 
opening  and  excavating  streets;  be  responsible  for  any  damages 
or  injuries  that  may  accrue  to  persons,  animals  or  property,  by  rea- 


SEWERS  AND  DRAINS 


277 


son  of  any  opening  in  any  street  made  by  them  or  those  in  their 
employ,  and  that  they  will  properly  refill  and  ram  the  earth,  and 
suitably  restore  the  pavement,  taken  up  for  excavating,  and  re- 
pave the  same,  should  it  settle  or  become  out  of  order  within  6 months 
thereafter.  In  case  any  person  so  licensed  shall  neglect  to  repair 
the  pavement  aforesaid,  within  24  hours  after  being  notified,  the 
borough  president  having  jurisdiction  may  cause  the  same  to  be 
done  and  charge  the  expense  thereof  to  such  licensee.  (C.  O.  § 157.) 

§ 14.  Notice  to  public  service  corporations. — Whenever  any  sewer, 
culvert,  water  main  or  pipe  is  to  be  constructed,  altered  or  repaired 
in  any  street  in  which  the  pipes,  mains  or  conduits  of  public  service 
corporations  are  laid,  or  whenever  any  such  street  shall  be  r^ulated 
or  graded,  the  contractor  therefor  shall  give  notice,  in  writing,  of 
the  same  to  such  corporations,  or  to  the  one  whose  pipes,  mains  or 
conduits  are  laid  in  the  street  about  being  disturbed  by  the  con- 
struction, alteration,  or  repairing  of  such  sewer,  culvert,  water  mains 
or  pipes,  or  by  the  regulating  or  grading  thereof,  at  least  24  hours 
before  breaking  ground  therefor.  (C.  O.  § 163.) 

§ 15.  Water  connections. — All  connections,  with  sewers  or  drains, 
us^  for  the  purpose  of  carrying  off  wastes  from  water-closets,  kitchen 
sinks  or  otherwise,  shall  have  facilities  for  a sufficiency  of  water 
to  be  properly  discharged,  so  as  to  safely  carry  off  such  matters,  under 
the  penalty  of  $5  for  each  day  the  fixtures  are  permitted  to  remain 
without  adequate  means  for  such  water  supply.  (C.  O.  § 159,  amend. 
May  6,  1913.) 

ARTICLE  3 

MAINTENANCE 

Sec.  20.  Obstructing  substances. 

§ 21.  Volatile  inflammable  liquids. 

§ 22.  Steam  and  hot  water. 

§ 23.  Injury  to  sewers,  basins  and  manholes. 

§ 24.  Violations. 

Sec.  20.  Obstructing  substances. — No  person  shall  permit  any 
substance  to  flow  or  pass  into  any  sewer,  drain  or  receiving  basin, 
connecting  with  a public  sewer,  which  may  form  a deposit  tending 
to  choke  said  sewer,  drain  or  basin.  (C.  0.  § 158,  amend.  May  6, 
1913.) 

§21.  Volatile  inflammable  liquids. — No  connection  with  or  opening 
into  any  sewer  or  drain,  either  public  or  private,  shall  be  used  for 
the  conveyance  or  discharge,  directly  or  indirectly,  into  said  sewer  or 
drain,  of  any  volatile  inflammable  liquid,  gas  or  vapor;  it  being  noted 
that  a volatile  inflammable  liquid  is  any  liquid  that  will  emit  an 
inflammable  vapor  at  a temperature  below  160  degrees  Fahrenheit. 
(C.O.  §561.) 

§ 22.  Steam  and  hot  water. — No  connection  with  or  opening  into 
any  sewer  or  drain  shall  be  used  for  the  conveyance  or  discharge 
into  said  sewer  or  drain  of  steam  or  hot  water,  above  100  degrees 
Fahrenheit,  from  any  boiler  or  engine,  or  from  any  manufactory  or 
building  in  which  steam  is  either  used  or  generated;  nor  shall  any 


278 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


person  discharge  or  permit  steam  to  escape  into  any  sewer  or  drain, 
or  into  any  public  street,  from  any  stopcock,  valve  or  other  open- 
ing in  any  steam  pipe  or  main.  The  borough  president  having  juris- 
diction of  said  sewer  or  drain  is  hereby  authorized  and  directed, 
upon  the  expiration  of  5 days  after  notice,  to  discontinue  the  dis- 
charge of  steam  or  hot  water  from  any  connection,  to  cancel  the 
permit  for  such  connection,  and  to  close  up  and  remove  the  same, 
if  the  discharge  of  steam  or  hot  water  therefrom  shall  not  have  been 
discontinued.  The  penalty  prescribed  by  § 24  of  this  article  shall 
be  imposed  upon  and  recovered  from  the  owner  and  occupants, 
severally  and  respectively,  of  any  manufactory  or  building,  or  any 
corporation  violating  any  provision  of  this  section.  (C.  O.  § 168.) 

§ 23.  Injury  to  sewerSj  basins  and  manholes. — No  person  shall 
injure,  break  or  remove  any  portion  of  any  receiving  basin,  covering, 
flag,  manhole,  vent,  or  any  part  of  any  sewer  or  drain,  or  obstruct  the 
mouth  of  any  sewer  or  drain,  nor  shall  any  person  place  or  deposit 
any  substance  exceeding  one  ton  in  weight  upon  any  wharf  or  bulk- 
head through  which  any  sewer  or  drain  may  run;  nor  upon  or  over 
any  sewer  or  drain  where  the  same  shall  be  within  3 feet  of  the  surface 
of  the  street.  (C.  O.  § 160.) 

§ 24.  Violations. — Any  person  who  shall  violate  any  provision  of 
this  chapter  shall  be  liable  for  a penalty  of  $50,  and  may  also  be 
prosecuted  criminally.  Any  person  convicted  of  any  violation  of  the 
provisions  of  this  article  shall  be  punished  by  a fine  of  not  more  than 
$50,  or  by  imprisonment  for  not  exceeding  30  days,  or  by  both  such 
fine  and  imprisonment.  (C.  O.  §§  160, 562.) 


STREET  CLEANING 


279 


CHAPTER  22 
Street  Cleaning 

Article  1.  General  provisions. 

2.  Refuse  and  rubbish. 

3.  Snow  and  ice. 


ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Reimbursement  for  removal  of  rubbish  or  snow. 

Sec.  1.  Reimbursement  for  removal  of  rubbish  or  snow. — Whenever 
any  owner,  lessee,  tenant,  occupant,  or  other  person,  having  charge  of 
any  building  or  lot  of  ground  abutting  upon  any  street  or  public 
place,  where  the  sidewalk  is  paved,  shall  fail  to  comply  with  any 
provision  of  this  chapter  for  the  removal  of  snow  and  ice,  dirt,  or 
other  material  from  the  sidewalk  and  gutter  on  the  side  of  the  street 
on  which  such  building  or  lot  abuts,  the  commissioner  of  street 
cleaning,  or  the  borough  president  of  Queens  or  Richmond,  as  the  case 
may  be,  may  cause  such  removal  to  be  made,  meeting  such  expense 
from  any  suitable  street  cleaning  or  highway  fund.  Thereafter,  the 
expense  of  such  removal  as  to  each  particular  lot  of  ground  shall  be 
ascertained  and  certified  by  the  commissioner  of  street  cleaning,  or 
by  the  president  of  the  borough  of  Queens  or  Richmond,  to  the 
comptroller,  and  the  board  of  estimate  may  authorize  such  additional 
expenditures  as  may  be  required  for  the  removal  of  the  snow,  dirt,  or 
other  material,  to  be  repaid  to  the  fund  from  which  the  payments 
were  made,  or,  instead,  in  the  borough  of  Queens  or  Richmond,  to 
the  special  fund  for  restoring  and  repaving  in  said  boroughs,  if  the 
presidents  thereof  so  elect,  with  proceeds  from  the  issue  and  sale  of 
revenue  bonds,  which  shall  be  sold  by  the  comptroller,  as  provided  by 
law.  The  commissioner  of  street  cleaning,  or  borough  president  of 
Queens  or  Richmond,  as  the  case  may  be,  shall,  as  soon  as  possible, 
after  the  work  is  done,  certify  to  the  corporation  counsel  the  amount 
of  the  expense  therefor,  chargeable  against  each  piece  of  property, 
who  shall  sue  and  recover  the  amount  of  such  expense  from  the  owner 
of  such  property,  together  with  a penalty  of  $3  for  each  offense. 
(C.  0.  § 414.) 


ARTICLE  2 

REFUSE  AND  RUBBISH 

Sec.  10.  Throwing  refuse  into  streets. 

§ 11.  Interference  with  deposits  of  rubbish  or  refuse. 
§ 12.  Fruit  skins  on  sidewalks. 

§ 13.  Droppings  from  vehicles. 


280 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 14.  Offensive  matter. 

§ 15.  Handbills,  cards  and  circulars. 

§ 16.  Sprinkling  streets. 

§ 17.  Protection  of  sewers. 

Sec.  10.  Throwing  refuse  into  streets. — 1.  Prohibited.  No  person  or 
persons  shall  throw,  cast  or  lay,  or  direct,  suffer  or  permit  any  serv- 
ant, agent  or  employee  to  throw,  cast  or  lay  any  ashes,  offal,  vege- 
tables, garbage,  dross,  cinders,  shells,  straw,  shavings,  paper,  dirt, 
filth,  broken  glassware,  crockery,  bottles  or  rubbish  of  any  kind 
whatsoever  in  any  street,  either  upon  the  roadway  or  sidewalk 
thereof. 

2.  Sidewalk  sweepings.  In  the  boroughs  of  Manhattan,  Brooklyn 
and  The  Bronx,  dust  from  the  sidewalks  may  be  swept  into  the 
gutter  in  the  morning  before  8 o’clock,  or  before  the  sweeping  of  the 
roadway  by  the  department  of  street  cleaning,  if  there  piled;  but 
not  otherwise,  and  at  no  other  time.  (C.  O.  § 404,  amend.  Apr.  29, 
1913.) 

3.  Interference  with  street-cleaners.  No  person  shall  prevent  or 
interfere  with  any  employee  of  the  department  of  street  cleaning  in 
the  sweeping  or  cleaning  of  any  street,  or  in  the  removal  therefrom  of 
sweepings,  ashes,  garbage,  rubbish,  snow,  ice  or  other  refuse  material. 
(Manh.  Ord.  § 3.) 

§ 11.  Interference  with  deposits  of  rubbish  or  refuse. — No  person, 
other  than  an  authorized  employee  or  agent  of  the  department  of 
street  cleaning,  or  the  bureau  of  street  cleaning  in  the  boroughs  of 
Queens  or  Richmond,  shall  disturb  or  remove  any  ashes,  garbage  or 
light  refuse  or  rubbish  placed  by  householders,  or  their  tenants, 
or  by  occupants  or  their  servants,  within  the  stoop  or  area  line,  or  in 
front  of  houses  or  lots,  for  removal,  unless  requested  by  residents  of 
such  houses.  (C.  O.  § 405.) 

§ 12.  Fruit-skins  on  sidewalks. — 1.  Prohibited.  No  person  shall 
cast,  throw  or  deposit  on  any  sidewalk  or  crossing  in  any  street  or 
public  place  any  part  or  portion  of  any  fruit  or  vegetable  or  other 
substance,  which,  when  stepped  upon  by  anyone,  is  liable  to  cause, 
or  does  cause,  him  or  her  to  slip  or  fall.  (C,  O.  § 271 .) 

2.  Copy  of  section  to  be  posted.  The  proprietor  of  every  store,  stand 
or  other  place  where  fruit  or  vegetable  or  other  substance  mentioned 
in  subdivision  1 of  this  section  are  sold,  shall  keep  constantly  sus- 
pended therein  or  posted  thereon,  in  some  conspicuous  place,  a copy 
of  this  section  printed  in  large  type,  so  that  persons  purchasing  any 
such  fruit  or  vegetable  or  other  substance  may  become  aware  of  its 
provisions.  (G.  O.  § 272.) 

§ 13.  Droppings  from  vehicles. — No  one  being  the  owner,  driver, 
manager  or  conductor  of  any  cart  or  other  vehicle,  or  of  any  recep- 
tacle, shall  scatter,  drop  or  spill,  or  permit  to  be  scattered,  dropped  or 
spilled,  any  dirt,  sand,  gravel,  clay,  loam,  stone  or  building  rubbish, 
or  hay,  straw,  oats,  sawdust,  shavings  or  other  light  materials  of  any 
sort,  or  manufacturing,  trade  or  household  waste,  refuse,  rubbish  of 
any  sort,  or  ashes  or  manure,  garbage  or  other  organic  refuse  or  other 
offensive  matter  therefrom,  or  permit  the  same  to  be  blown  off 
therefrom  by  the  wind,  in  or  upon  any  street  or  public  place.  (C.  O. 
§ 407.) 


STREET  CLEANING 


281 


§14.  Offensive  matter. — No  person  shall  allow  any  swill,  brine, 
urine  of  animals  or  other  offensive  animal  matter,  nor  any  stinking, 
noxious  liquid  or  other  filthy  matter  of  any  kind,  to  run  or  fall  into 
or  upon  any  street  or  public  place,  or  be  taken  or  put  therein.  (San- 
itary Code,  § 102.) 

§ 15.  HandbillSy  cards  and  circulars. — No  person  shall  throw,  cast 
or  distribute,  or  cause  to  be  thrown,  cast  or  distributed,  any  hand- 
bill, circular,  card  or  other  advertising  matter  whatsoever,  in  or 
upon  any  street  or  public  place,  or  in  a front  yard  or  court  yard,  or 
on  any  stoop,  or  in  the  vestibule  or  any  hall  of  any  building,  or  in  a 
letterbox  therein;  provided  that  nothing  herein  contained  shall  be 
deemed  to  prohibit  or  otherwise  regulate  the  delivery  of  any  such 
matter  by  the  postal  service.  (C.  O.  § 408,  amend.  July  7,  1914.) 

§ 16.  Sprinkling  streets. — All  persons  engaged  in  sprinkling  the 
streets  shall  be  required  to  contract  with  the  commissioner  of  water 
supply,  gas  and  electricity  for  the  purchase  and  sale  of  the  water 
necessary  therefor,  and  to  obtain  the  approval  of  the  president  of  the 
borough  to  such  contract,  but  in  no  case  shall  more  water  be  con- 
tracted for  or  used  than  shall  be  sufficient  thoroughly  to  lay  the  dust 
on  such  streets.  Every  street  railroad  corporation  in  the  boroughs  of 
Richmond  and  Queens  shall  sprinkle  the  pavement  between  its 
tracks  and  rails  when  and  as  often  as  directed  by  the  superintendent 
of  highways.  Water  shall  be  furnished  for  this  purpose  free  of  charge 
by  the  city.  (C.  O.  § 406.) 

§ 17.  Protection  of  sewers. — Every  person,  when  cleaning  any 
street,  shall  clean,  and  every  contractor  shall  cause  to  be  cleaned,  the 
gutters  and  parts  of  the  street  along  which  the  water  will  run,  before 
using  any  water  to  wash  the  same;  and  no  substance  that  could  have 
been  scraped  away  shall  be  washed  or  allowed  to  be  carried  or  be  put 
into  the  sewer,  or  into  any  receptacle  therewith  connected.  (San. 
Code,  § 39,  C.  O.  § 162.) 


ARTICLE  3 


SNOW  AND  ICE 

Sec.  20.  Removal  from  roadways  and  crosswalks. 

§ 21.  Property  owners’  duties. 

§ 22.  Street  railroad  companies;  responsibilities  of. 

§ 23.  Salting  tracks. 

§ 24.  Dumping. 

This  is  the  so-called  ‘'snow  and  ice”  ordinance.  Section  690,  R.  O.  1897,  re- 
quired the  removal  to  be  within  eight  hours.  Section  317  of  ch.  8,  R.  O.  1880, 
only  allowed  four  hours.  The  ordinance  has  been  frequently  amended.  May  16, 
1882;  July  9,  1888,  and  March  18,  1902.  The  city  is  authorized  to  pass  such  a law 
as  a police  regulation,  section  43,  Greater  New  York  Charter,  and  when  within  the 
power  delegated  to  it  by  the  legislature  such  an  ordinance  has  equal  force  and  effect 
as  a statute  of  the  legislature.  Village  of  Carthage  v.  Frederick,  122  N.  Y.  268. 
Although  a sidewalk  be  not  flagged  in  its  entire  width,  an  owner  must  clean  off  the 
flagged  portions.  City  of  N.  Y.  v.  Brown,  27  Misc.  218.  City  not  liable  for  failure 
to  clear  sidewalk  immediately  of  ice,  may  wait  reasonable  time  for  abutting  owner 
to  do  so  and  weather  to  moderate.  Cuff  v.  City  of  Elmira,  126  App.  Div.  539. 
City’s  liability  discussed.  Winckler  v.  City  of  N.  Y.,  129  App.  Div.  45. 

No  attempt  is  made  here  to  collate  cases  in  which  similar  ordinances  are  applied 
as  these  are  very  numerous  and  to  be  found  in  works  on  Negligence  and  Municipal 
Corporations. 


282  CODE  OF  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 

Sec.  20.  Removal  from  roadways  and  crosswalks. — The  commis- 
sioner of  street  cleaning  and  the  borough  presidents  of  Queens  and 
Richmond,  immediately  after  every  snowfall  or  the  formation  of  ice 
on  the  crosswalks  or  in  culverts,  paved  streets  or  public  places,  shall 
forthwith  cause  the  removal  of  the  same,  and  shall  keep  all  crosswalks 
and  culverts  clean  and  free  from  obstruction.  (C.  O.  § 415.) 

§21.  Property  owners'  duties. — 1.  Must  clear  sidewalks.  Every 
owner,  lessee,  tenant,  occupant,  or  other  person  having  charge  of 
any  building  or  lot  of  ground  in  the  city,  abutting  upon  any  street 
or  public  place  where  the  sidewalk  is  paved,  shall,  within  4 hours 
after  the  snow  ceases  to  fall,  or  after  the  deposit  of  any  dirt  or  other 
material  upon  said  sidewalk,  remove  the  snow  and  ice,  dirt  or  other 
material  from  the  sidewalk  and  gutter,  the  time  between  9 p.  m.  and 
7 a.  m.  not  being  included  in  the  above  period  of  4 hours;  provided, 
however,  that  such  removal  shall  in  all  cases  be  made  before  the 
removal  of  snow  and  ice  from  the  roadway  by  the  commissioner  of 
street  cleaning,  or  by  the  borough  president  of  Queens  or  Richmond, 
or  subject  to  the  regulations  of  said  commissioner  of  street  cleaning, 
or  of  said  borough  president  of  Queens  or  Richmond,  for  the  removal 
of  snow  and  ice,  dirt  and  other  material;  except  that  in  the  boroughs 
of  Queens  and  Richmond  any  owner,  lessee,  tenant  or  occupant  or 
other  person  who  has  charge  of  any  ground  abutting  upon  any  paved 
street  or  public  place,  for  a linear  distance  of  500  feet  or  more,  shall 
be  considered  to  have  complied  with  this  section,  if  such  person  shall 
have  begun  to  remove  the  snow  and  ice  from  the  sidewalk  and  gutter 
before  the  expiration  of  the  said  4 hours,  and  shall  continue  and 
complete  such  removal  within  a reasonable  time.  (C.  O.  § 409.) 

2.  May  use  ashes,  etc.  In  case  the  snow  and  ice  on  the  sidewalk 
shall  be  frozen  so  hard  that  it  cannot  be  removed,  without  injury  to 
the  pavement,  the  owner,  lessee,  tenant,  occupant  or  other  person 
having  charge  of  any  building  or  lot  of  ground  as  aforesaid,  niay, 
within  the  time  specified  in  the  preceding  subdivision,  cause  the  side- 
walk abutting  on  the  said  premises  to  be  strewn  with  ashes,  sand, 
sawdust,  or  some  similar  suitable  material,  and  shall,  as  soon  there- 
after as  the  weather  shall  permit,  thoroughly  clean  said  sidewalks. 
(C.  O.  § 410.) 

§ 22.  Street  railroad  companies;  responsibilities  of. — 1.  Co-operation 
in  snow-removal.  Every  street  railroad  corporation  shall  remove  all 
the  snow  and  ice  from  its  tracks  and  the  spaces  between,  and  shall  not 
throw  the  same  on  either  side  thereof,  but  shall  immediately  carry 
away  and  dispose  of  the  same  under  the  direction  of  the  commissioner 
of  street  cleaning,  or  the  borough  president  of  Queens  or  Richmond, 
under  a fine  of  $100  for  every  city  block  in  length  in  which  the  said 
corporation  shall  fail  to  so  remove  and  dispose  of  the  same,  as  afore- 
said; provided,  however,  that,  for  the  more  speedy  and  effective 
removal  of  snow  and  ice  from  the  paved  streets  and  public  places  of 
the  city,  the  commissioner  of  street  cleaning  and  the  borough  presi- 
dents of  Queens  and  Richmond  shall  have  power  and  authority,  in 
their  respective  jurisdictions,  to  enter  into  agreements  for  the  entire 
winter  season,  or  part  thereof,  with  any  street  surface  railroad  or 
other  railroad  having  tracks  in  the  city,  for  the  removal  of  snow  and 
ice  for  the  entire  width  of  the  street  or  public  place,  from  house-line 
to  house-line,  at  any  part  of  the  route  of  the  said  railroad,  but  noth- 


STREET  CLEANING 


283 


ing  in  any  such  agreement  shall  be  inconsistent  with  any  law  of  the 
State  of  New  York  or  with  any  right  of  the  city.  (C.  O.  § 416.) 

2.  Use  of  snow  plows  and  rotary  sweepers.  No  surface  railroad 
company  or  other  company,  or  any  corporation  or  person  whatever, 
or  the  officers,  agents  or  servants  thereof,  shall  cause  or  allow  any 
snow  plow,  sweeping  machine  or  other  similar  instrument  to  pass 
over  the  tracks  or  lines  used  by  them  within  the  limits  of  the  city, 
unless  by  the  written  permit  of  the  commissioner  of  street  cleaning 
or  the  borough  president  of  Queens  or  Richmond;  any  violation  of 
this  provision  shall  be  punished  by  a fine  not  exceeding  $100  for 
each  such  offense.  No  such  permit  or  renewal  thereof  shall  be  granted 
except  upon  the  condition  and  agreement,  upon  the  part  of  the 
company  applying  for  such  permit  or  renewal,  that  the  party  to 
whom  the  same  has  been  granted  shall  and  will,  at  its  own  expense, 
promptly  remove  and  carry  away  the  snow  thrown  up  by  such 
plow  or  machine,  and  that  such  snow  plow,  sweeping  machine  or 
other  instrument  shall  be  so  constructed  as  not  to  throw  any  slush 
or  snow  upon  sidewalks  or  buildings,  under  a penalty  of  $10  for 
every  house,  or  sidewalk  in  front  thereof,  upon  which  slush  or  snow 
shall  be  thrown.  No  such  permit  or  renewal  shall  be  granted  unless 
the  party  to  whom  granted  shall  expressly  covenant,  stipulate  and 
agree  that,  in  case  of  its  failure,  neglect  or  omission  to  remove 
promptly  and  carry  away  the  snow  and  ice  thrown  up  by  such  snow 
plow  or  other  instrument,  then  the  same  may  be  removed  under 
the  direction  of  the  commissioner  of  street  cleaning  or  the  borough 
president  of  Queens  or  Richmond,  and  the  expense  of  removing 
the  same  shall  be  paid  by  the  party  to  the  commissioner  or  the 
borough  president,  on  demand.  The  board  of  estimate  may  au- 
thorize that  the  amount  or  amounts  of  money  so  paid  shall  be 
credited  to  the  appropriation,  in  the  respective  boroughs,  for  the 
removal  of  snow  and  ice;  but  nothing  herein  contained  shall  be 
deemed  to  prohibit  the  commissioner  or  a borough  president  from 
demanding,  before  issuing  said  permit  and  as  a condition  thereof, 
the  deposit  of  such  sum  of  money  or  other  security  as  in  his  judgment 
may  be  necessary  to  pay  the  cost  of  properly  performing  the  work 
above  mentioned,  together  with  the  expense  of  the  inspection  thereof. 
In  case  of  neglect  or  refusal  or  omission  of  the  party  to  whom  such 
permit  may  be  granted  promptly  to  remove  and  to  carry  away  the 
snow  and  ice  thrown  up  by  such  plow  or  other  instrument,  then  the 
commissioner  of  street  cleaning,  or  the  borough  president  of  Queens 
or  Richmond  may  forthwith  cause  the  same  to  be  removed  at  the 
public  expense,  and  all  expenditures  made  or  incurred  therefor  shall 
be  chargeable  upon  the  party  so  neglecting,  refusing  or  omitting 
to  perform  his  agreement,  and  shall  be  recoverable  by  an  action  at 
law  on  behalf  of  the  city,  and  when  so  recovered  shall  be  placed  to 
the  credit  of  the  department  of  street  cleaning  or  the  bureau  of  street 
cleaning  in  the  boroughs  of  Queens  or  Richmond,  as  the  case  may  be, 
to  supply  the  deficiency  occasioned  by  such  additional  expenditure. 
(C.  O.  § 417.) 

3.  Obstructing^  tracks.  No  person  shall  throw,  place  or  pile,  or  assist 
others  in  throwing,  placing  or  piling  any  snow,  ice  or  other  impedi- 
ment or  obstruction  to  the  running  of  cars  upon  the  tracks  of  any 
railroad  company,  or  in  the  space  between  the  rails  thereof,  or  in 


284 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


the  Space  between  the  tracks  and  a line  distant  3 feet  outside  of 
such  rails.  (C.  O.  § 412.) 

§ 23.  Salting  tracks. — No  person  shall  throw,  expose  or  place, 
nor  cause  or  procure  to  be  thrown,  exposed  or  placed  in  or  upon  any 
street,  or  public  place,  except  upon  the  curves,  crossings  or  switches 
of  railroad  tracks,  any  salt,  saltpetre,  or  other  substance  for  the 
purpose  of  dissolving  any  snow  or  ice  which  may  have  fallen  or  been 
deposited  thereon;  nor  shall  any  person  throw  or  place  upon  the 
curves,  crossings  or  switches  of  railroad  tracks  any  salt,  saltpetre 
or  other  substance,  for  the  purpose  of  dissolving  snow  or  ice,  unless 
permission  therefor  be  first  obtained  from  the  borough  president 
having  jurisdiction.  (C.  O.  § 413.) 

§ 24.  Dumping. — All  contractors  and  other  persons,  no  matter 
how  termed,  are  hereby  forbidden,  restrained  and  are  never  to  be 
permitted  to  dump,  throw,  empty,  convey  or  cause  to  be  conveyed, 
for  the  purpose  of  dumping,  any  snow,  ice  or  water  in  a vacant  lot 
or  tract  of  land,  if  such  lot  or  tract  of  land  shall  be  within  a radius  of 
300  feet  of  a dwelling,  factory,  school,  public  building  or  any  place 
of  business.  (C.  O.  § 411.) 


STREETS 


285 


CHAPTER  23 
Streets 


Article  1. 
2. 

3. 

4. 

5. 

6. 

7. 

8. 
9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 


General  provisions. 

Advertisements,  placards  and  posters. 
Assemblies. 

Auctions  and  other  sales. 

Awnings. 

Boundaries  and  monuments. 
Construction  and  repair. 

Disturbance  of  surface. 

Excavation. 

House  numbering. 

Lights. 

Noises. 

Obstructions  and  encumbrances. 
Projections  and  encroachments. 
Sidewalks. 

Signs  and  show-bills. 

Vaults  and  cisterns. 

Miscellaneous. 


ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Temporary  closing  of  streets. 

§ 2.  Unsafe  conditions;  notice. 

§ 3.  Barriers,  guards  and  lights. 

§ 4.  Liability  for  damage. 

§ 5.  Violations. 

Sec.  1.  Temporary  closing  of  street. — Each  borough  president  is 
empowered  to  close  temporarily  to  traffic  any  street,  or  a portion 
thereof,  within  his  jurisdiction  when,  in  his  judgment,  travel  in  the 
same  is  deemed  to  be  dangerous  to  life,  in  consequence  of  there 
being  carried  on  in  said  street,  building  operations,  repairs  to  street 
pavements,  sewer  connections,  or  blasting  for  the  purpose  of  re- 
moving rock  from  abutting  property.  (C.  O.  § 100.) 

§ 2.  Unsafe  conditions;  notice. — Whenever  any  person  shall  have 
authority,  under  any  contract  with  the  city  or  any  officer  thereof, 
or  under  any  permit,  to  remove  the  pavement  from  or  to  excavate, 
occupy  or  use  any  part  of  a public  street,  so  as  to  obstruct  travel 
therein,  he  shall  erect,  or  cause  to  be  erected,  suitable  notices  of 
the  obstruction  in  conspicuous  positions,  at  all  points  of  intersection 
of  such  street  with  the  cross-streets  nearest  to  the  obstruction, 
which  notice  shall  be  in  the  form  prescribed  by  the  borough  presi- 
dent having  jurisdiction.  (C.  O.  § 142.) 

§ 3.  Barriers,  guards  and  lights. — 1.  Barriers  and  guards.  Every  per- 


286  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

son  engaged  in  digging  down  or  paving  any  street,  or  building  therein 
any  sewer,  drain  or  trench  for  any  purpose,  under  contract  with  the 
city  or  by  virtue  of  any  permit  that  may  have  been  granted  by  any 
department,  board  or  officer  of  the  city,  shall  erect  such  a fence  or 
railing  about  the  excavation  or  work  as  shall  prevent  danger  to 
persons  travelling  the  street,  while  the  work  is  left  exposed  and  would 
be  dangerous,  and  any  such  railing  or  fence  shall  be  continued  and 
maintained  until  the  work  shall  be  completed  or  the  obstruction  or 
danger  removed.  (C.  O.  §§  142,  209.) 

2.  Extent  of  enclosure.  The  extent  to  which  such  railing  or  fence 
shall  be  built  in  the  several  cases  is  hereby  defined  as  follows,  to  wit. 

(a)  In  digging  down  any  street  or  road,  by  placing  the  barrier  along 
the  upper  bank  of  such  excavation,  or  by  extending  the  fence  as 
far  across  the  street  as  may  be  necessary  to  prevent  persons  from 
traveling  on  such  portion  as  would  be  dangerous; 

(b)  In  paving  any  street,  by  extending  such  railing  or  fence  across 
the  carriageway  of  such  street,  or,  if  but  a portion  of  the  width  of 
such  carriageway  be  obstructed,  across  such  portion,  in  which  case 
the  obstruction  shall  be  so  arranged  as  to  leave  a passageway  through, 
as  nearly  as  may  be,  of  uniform  width; 

(c)  In  building  a sewer,  by  placing  the  barrier  across  the  carriage- 
way at  the  ends  of  such  excavation  as  shall  be  made; 

(d)  In  building  vaults,  by  inclosing  the  excavation  and  the  ground 
taken  therefrom.  (C.  O.  § 211.) 

3.  Lights.  At  twilight,  there  shall  be  placed  upon  each  such  rail- 
ing or  fence,  and  upon  building  materials,  posts,  poles,  pipes  or  other 
obstructions  in  any  street  or  public  place,  suitable  and  sufficient 
lights,  which  shall  be  kept  burning  through  the  night  during  the 
existence  of  the  obstruction.  (C.  O.  § 209.) 

4.  Disturbance j prohibited.  No  person  shall  throw  down,  displace 
or  remove  any  barrier,  guard  or  railing,  or  extinguish  or  remove 
any  light  thereon  or  on  any  obstruction  in  any  street,  without  the 
written  consent  of  the  borough  president  having  jurisdiction  of 
the  street  in  which  any  obstruction  is  placed,  or  without  the  con- 
sent of  the  person  superintending  the  work  or  materials  protected 
thereby.  (C.  O.  § 140.) 

5.  Restriction.  Nothing  contained  in  this  section  shall  be  con- 
strued to  authorize  any  person  to  stop  up  or  obstruct  more  than 
the  space  of  one  continuous  block  and  one  intersection,  at  the  same 
time,  in  any  one  street,  or  to  keep  the  same  so  stopped  up  for  more 
than  2 days  after  the  roadway  is  finished,  unless  by  special  permit 
of  the  borough  president.  (C.  O.  § 141.) 

6.  Application  of  section.  The  provisions  of  this  section  shall 
apply  to  every  person  engaged  in  building  any  vault,  or  constructing 
any  lateral  drain  to  any  public  sewer,  or  who  shall  do  or  perform 
any  work  causing  obstructions  in  a public  street,  by  virtue  of  any 
permit  from  any  department,  board  or  officer  of  the  city,  and  also 
to  all  persons  engaged  in  performing  any  work  in  behalf  of  the  city, 
whereby  obstructions  or  excavations  shall  be  made  in  public  streets. 
(C.  O.  § 210.) 

7.  Enforcement  of  section.  The  borough  president  having  juris- 
diction of  any  work  referred  to  in  this  section  shall  see  to  it  that 
all  the  foregoing  requirements  are  complied  with,  and  he  shall  make 


STREETS 


287 


immediate  complaint  to  the  corporation  counsel  of  any  violation 
thereof,  under  the  penalty  of  $50  for  each  and  every  neglect.  (C.  O. 
§§  213,  214.) 

§ 4.  Liability  for  damage. — In  all  cases  where  any  person  shall 
perform  any  of  the  work  mentioned  in  the  preceding  section,  either 
under  contract  with  the  city  or  by  virtue  of  permission  obtained 
from  any  department,  board  or  officer  of  the  city,  such  persons 
shall  be  answerable  for  any  damage  which  may  be  occasioned  to 
persons,  animals  or  property  by  reason  of  carelessness  in  any  manner 
connected  with  the  work. 

§ 5.  Violations. — Any  person  violating  any  provision  of  this 
article  shall,  upon  conviction  therefor,  be  punished  by  a fine  of  not 
more  than  $100,  or  by  imprisonment  for  not  more  than  30  days, 
or  by  both  such  fine  and  imprisonment.  (C.  O.  § 209  in  part.) 


ARTICLE  2 

ADVERTISEMENTS,  PLACARDS  AND  POSTERS 

Sec.  10.  Posting. 

§ 11.  Protection  of  city  advertisements. 

§ 12.  Theatrical  bill-boards,  Brooklyn. 

Sec.  10.  Posting. — No  person  shall  paste,  post,  paint,  print  or 
nail  upon  any  curb,  gutter,  flag  stone,  tree,  lamp-post,  awning  post, 
horse  post,  telegraph  pole,  barrel,  box  or  hydrant,  in  any  street  or 
public  place,  any  handbill,  poster,  notice,  sign  or  advertisement. 
(C.  O.  § 548.) 

§ 11.  Protection  of  city  advertisements. — No  person  shall  tear  down, 
deface  or  destroy  any  notice,  handbill  or  poster,  put  up  or  posted 
by  or  under  the  direction  of  the  board  of  alderman,  or  by  or  under 
the  direction  of  any  other  city  department,  bureau,  board  or  officer. 
(Arverne  Ords.  § 18.) 

§ 12.  Theatrical  hill-hoards,  Brooklyn. — In  the  borough  of  Brook- 
lyn, billboards  or  signs  (not  exceeding  2 in  number),  to  advertise 
theatrical  performances  or  public  entertainments,  may  be  placed 
upon  the  sidewalk  in  front  of  theatres  and  places  of  public  entertain- 
ment adjacent  to  the  building  line;  but  neither  of  said  billboards  or 
sings  shall  occupy  a space  across  the  sidewalk  of  more  than  9 inches, 
nor  more  than  3 feet  in  width  parallel  to  the  street,  and  they  shall 
not  be  less  than  15  feet  apart.  (Brookl.  Ords.  § 81.) 


ARTICLE  3 

ASSEMBLIES 


Sec.  20.  Public  worship. 

§ 21.  Interference  with  street  services. 
§ 22.  Street  shows. 

§ 23.  Loafers  and  loungers. 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Sec.  20.  Public  worship. — No  person  shall  be  concerned  or  in- 
strumental in  collecting  or  promoting  any  assemblage  of  persons 
for  public  worship  or  exhortation,  or  under  any  pretense  therefor, 
in  any  park,  street,  or  other  public  place;  provided,  that  a clergy- 
man or  minister  of  any  denomination,  or  any  person  responsible 
to  or  regularly  associated  with  any  church  or  incorporated  mission- 
ary society,  or  any  lay-preacher,  or  lay-reader  may  conduct  religious 
services  in  any  public  place  or  places  specified  in  a permit  therefor 
which  may  be  granted  and  issued  by  the  police  commissioner.  This 
section  shall  not  be  construed  to  prevent  any  congregation  of  the 
Baptist  denomination  from  assembling  in  a proper  place  for  the 
purpose  of  performing  the  rites  of  baptism,  according  to  the  cere- 
monies of  that  church.  (C.  O.  §§  494,  497,  498.) 

Salvation  Army  meeting  not  a nuisance.  People  v.  City  of  Rochester,  44  Hun,  166. 

§ 21.  Interference  with  street  services.— person  shall  disturb, 
molest  or  interrupt  any  clergyman,  minister,  missionary,  lay-preacher 
or  lay-reader  who  shall  be  conducting  religious  services  by  authority 
of  a permit,  issued  as  prescribed  by  this  article,  or  any  minister  or 
people  who  shall  be  performing  the  rite  of  baptism  as  permitted  by 
the  preceding  section,  nor  shall  any  person  commit  any  riot  or  dis- 
order in  any  such  assembly.  (C.  O.  § 499.) 

§ 22.  Street  shows. — No  person  shall,  from  any  window  or  open 
space  of  any  house,  exhibit  to  the  public  upon  the  street,  or  the  side- 
walk thereof,  any  performance  of  puppet  or  other  figures,  ballet  or 
other  dancing,  comedy,  farce,  show  with  moving  figures,  play  or 
other  entertainment.  (C.  O.  § 40  revised.) 

§ 23.  Loafers  and  loungers. — No  person  shall  encumber  or  obstruct 
any  street  or  other  public  place  by  loafing  or  lounging  in  or  about 
the  same,  to  the  annoyance  of  passers-by.  (Brookl.  Ords.  § 23.) 

ARTICLE  4 

AUCTIONS  AND  OTHER  SALES 


Sec.  30.  Auctions. 

§ 31.  Vending  and  selling  of  salted  meat,  fish,  etc. 

Sec.  30.  Auctions.— \.  Restrictions.  No  auctioneer,  nor  his  agent, 
employee  or  servant  shall 

(a)  Sell  or  expose  for  sale,  at  public  auction  or  vendue,  any  dry- 
goods,  clothing,  hardware,  household  furniture,  woodenware  or 
tinware,  by  retail  or  in  small  parcels  or  pieces,  in  any  street  or  pub- 
lic place  (C.  O.  § 538); 

(b)  Sell  or  expose  for  sale  at  public  auction  any  goods,  wares, 
merchandise  or  other  things  whatsoever  to  any  person  or  persons 
who,  at  the  time  of  bidding  for  or  while  examining  the  same,  shall 
be  on  the  sidewalk  or  carriageway  of  any  street; 

(c)  Sell  at  auction  or  expose  for  sale  or  lay  or  place  any  goods, 
wares,  merchandise  or  other  thing  in  any  street  or  public  place, 
unless  such  person  shall  first  obtain  the  consent  or  permission,  m 
writing,  of  the  occupant  of  the  lot  or  building  before  which  su^ 
articles  or  any  part  thereof  shall  be  placed  or  exposed  for  sale.  (C. 
0.  § 534.) 


STREETS 


289 


2.  Attracting  purchasers.  No  bellman  or  crier,  nor  any  drum, 
fife,  or  other  instrument  of  music,  or  any  show-signal  or  means  of 
attracting  the  attention  of  purchasers,  other  than  a sign  or  flag, 
shall  be  employed,  or  suffered  or  permitted  to  be  used  at  or  near  any 
place  of  sale,  auction  room,  residence  of  an  auctioneer,  nor  at  or 
near  any  auction  whatsoever.  (C.  O.  § 537.) 

3.  Removal  of  goods.  Every  article  exposed  for  sale  at  public 
auction,  or  sold  in  any  street  or  pubhc  place,  shall  be  removed  from 
the  same  by  the  setting  of  the  sun  of  the  day  of  selling  or  exposing  for 
sale.  (C.  O.  § 536.) 

Valid.  City  of  Buffalo  v.  Marion,  13  Misc.  639. 

§ 31.  Vending  and  selling  salted  meat  and  fishy  etc. — No  person 
shall  sell,  expose  for  sale,  lay  or  place  in  any  street  or  public  place, 
at  any  time  between  June  1st  and  November  1st  in  any  year,  any 
salted  beef  or  pork,  dried  or  pickled  fish,  blubber,  hides,  cotton  or 
wool.  (C.  O.  § 535.) 


ARTICLE  5 

AWNINGS 


Sec.  40.  Permanent  awnings. 

§ 41.  Construction  of  permanent  awnings. 

§ 42.  Drop  awnings. 

§ 43.  Temporary  awnings. 

§ 44.  Violations. 

Sec.  40.  Permanent  awnings. — 1.  General  provisions.  Subject  to 
the  exceptions  and  conditions  provided  in  this  article,  permanent 
awnings  may  be  erected  across  the  sidewalk  of  any  street;  provided 
that  the  awning,  or  any  part  thereof  shall  not  extend  higher  than  the 
floor  of  the  second  story  of  the  building,  counting  the  ground  floor  as 
the  first  floor. 

2.  Exceptions.  No  awning  shall  be  constructed  or  maintained 
upon  the  streets  in  the  borough  of  Manhattan  known  as  Broadway, 
Fifth  avenue,  Madison  avenue,  the  Bowery,  and  those  parts  of 
Lexington  avenue  that  are  200  feet  distant  from  any  intersecting 
cross  street  upon  which  street  railroad  cars  are  operated.  (Ord. 
Sept.  24,  1912.) 

3.  Liability.  Any  person,  firm  or  corporation  erecting  any  awning 
hereunder  shall  be  liable  for  all  loss  or  damage  that  may  happen  or 
come,  by  reason  of  the  erection  and  maintenance  of  the  same. 
(C.  O.  § 254.) 

Awnings  in  the  city  streets  have  been  the  subject  of  several  adjudications.  By 
section  50  of  the  Greater  New  York  Charter  (L.  1901,  chap.  466)  the  Board  of 
Aldermen  is  given  power  to  “regulate  the  use  of  the  streets  for  . . . awnings, 
awning-posts,”  etc.  While  the  Charter  says  there  shall  be  no  “permanent  obstruc- 
tions” in  the  streets,  this  has  been  held  not  to  apply  to  awnings  where  authorized 
expressly,  and  the  public  authorities  will  be  restrained  from  tearing  down  an  awn- 
ing built  in  conformity  with  the  ordinances.  Hoey  v.  Gilroy,  129  N.  Y.  132.  Even 
though  an  awning  may  have  stood  longer  than  twenty  years,  if  not  erected  in  ac- 
cordance with  the  law,  the  municipal  authorities  may  remove  it.  Simis  v.  Brook- 
field, 13  Misc.  569.  For  such  an  one  is  a nuisance  which  the  public  authorities 
have  no  power  to  permit.  Farrell  v.  New  York,  20  St.  Rep.  12,  aff’d  22  St.  Rep. 
469.  The  public  sidewalks  are  held  in  trust  for  the  use  of  the  public  and  awnings 

19 


290 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


for  private  parties  cannot  be  permitted  thereon  where  they  unreasonably  create 
a nuisance  (1873).  Trenor  v.  Jackson,  15  Abb.  Pr.  N.  S.  115.  An  awning,  although 
erected  under  a permit  from  the  municipal  authorities,  must  not  interfere  with  the 
adjacent  owner  in  his  reasonable  enjoyment  of  his  property.  Lavery  v.  Hanigan, 
52  Super.  Ct.  (20  J.  & S.)  463.  See  cases  cited  under  § 140. 

§ 41.  Construction  of  'permanent  awnings. — 1.  Posts.  Iron  posts 
for  awnings  erected  in  any  street  shall  be  well  and  securely  braced 
from  the  building  with  wrought  iron  rails  or  rods  at  least  1 inch  in 
diameter,  in  the  proportion  of  one  brace  for  every  post.  All  posts 
fixed  in  any  street  for  the  purpose  of  supporting  any  awning  shall 
be  of  iron  not  exceeding  6 inches  in  diameter,  and  the  rail  crossing  the 
same  shall  also  be  of  iron;  the  said  posts  shall  be  placed  next  to  and 
along  the  inside  of  the  curbstone,  and  the  cross  rail,  which  is  intended 
to  support  the  awning,  shall  not  be  less  than  8 nor  more  than  10  feet 
in  height  above  the  sidewalk,  and  shall  be  strongly  secured  to  the 
upright  post.  (C.  O.  §§  256,  257.) 

2.  Covering.  Awnings  shall  be  covered  with  canvas,  or  tin  or  other 
light  metal,  but  in  no  case  with  wood,  and  in  no  case  shall  any  portion 
of  the  canvas,  cloth,  tin  or  other  material  used  in  connection  with  an 
awning  be  permitted  to  hang  loosely  or  project  upward  or  downward 
over  the  sidewalk.  Every  permanent  awning  that  may  be  con- 
structed upon  Lexington  avenue,  in  the  borough  of  Manhattan,  shall 
be  of  steel  with  a roof  of  glass.  (C.  O.  § 252.) 

3.  Watershed.  Every  awning  of  any  kind,  covering  one-half  or 
more  than  one-half,  or  less  than  the  full  width  of  the  sidewalk  shall 
have  connected  therewith  a gutter  and  leader,  of  material  and  size 
sufficient  for  conducting  water  from  the  same  to  the  outer  line  of 
the  curb.  (C.  O.  § 252.) 

4.  Borough  presidents  control.  All  awnings  erected  pursuant  to  this 
article  shall  be  erected  only  with  the  consent  and  subject  to  the 
supervision  of  the  president  of  the  borough  wherein  such  awnings  are 
to  be  erected.  Each  borough  president  shaU  order  and  direct  the 
immediate  removal  of  any  awning  or  any  awning  post  or  bracket 
constructed  or  erected  in  his  borough  in  violation  of  the  provisions  of 
this  article. 

5.  Saving  clause.  Any  awning,  water-shed  or  curtain  attached 
thereto,  erected  or  constructed  according  to  the  provisions  of  any 
ordinance  or  resolution  in  force  at  the  time  this  ordinance  shall  take 
effect,  shall  not  be  affected  by  the  provisions  of  this  section.  (C.  O. 
§ 259.) 

§ 42.  Drop  awnings. — Drop  awnings,  without  vertical  supports, 
are  permitted  within  stoop-lines,  but  shall  in  no  case  extend  beyond 
6 feet  from  the  house-line,  and  shall  be  at  least  6 feet  in  the  clear 
above  the  sidewalk.  (C.  O.  § 263  in  part.) 

§ 43.  Temporary  awnings. — Awnings,  with  or  without  side  cover- 
ings, may  be  from  time  to  time  erected  and  maintained  across  the 
sidewalk  of  any  street  for  temporary  use  as  a protection,  during 
inclement  weather  only;  provided,  however,  that  such  awning  shall 
be  made  of  canvas  or  cloth  and  shall  be  supported  by  upright  posts 
of  iron  not  exceeding  6 inches  in  diameter  and  not  less  than  8 nor 
more  than  10  feet  in  height  above  the  sidewalk  and  shall  not  be  wider 
than  the  entrance  of  the  building  in  connection  with  which  it  is  to  be 
used  and  shall  leave  sufficient  space  for  the  passage  of  pedestrians. 
(C.  O.  § 259a.) 


STREETS 


291 


§ 44.  Violations. — No  person  shall  violate  any  provision  of  this 
article,  or  refuse  or  neglect  to  comply  with  any  order  of  a borough 
president  made  thereunder,  under  the  penalty  of  $10  for  each  offense. 
No  such  violation  shall  be  continued  after  notice  to  the  perpetrator 
thereof  under  penalty  of  $10  for  each  day  the  same  shall  be  con- 
tinued. (C.  0..§  379  revised.) 

ARTICLE  6 

BOUNDARIES  AND  MONUMENTS 

Sec.  50.  Excavations  or  embankments  near  landmarks. 

§ 51.  Removal  or  covering  up  of  landmarks. 

§ 52.  Violations. 

Sec.  50.  Excavations  or  embankments  near  layidmarks. — No  excava- 
tion or  embankment  shall  be  made,  nor  shall  any  pavement  or 
flagging  be  laid  or  moved  by  any  person,  within  3 feet  of  any  monu- 
ment or  bolt,  which  has  been  set,  by  proper  authority  or  designated 
on  any  official  map,  as  a landmark  to  denote  street  lines  within  the 
city,  unless  a permit  therefor  has  been  obtained  from  the  president 
of  the  borough  in  which  the  monument  or  bolt  is  situated.  Applica- 
tions for  such  permits  shall  be  in  writing,  and  shall  set  forth  the 
nature  of  the  work  proposed,  and  the  location  of  all  monuments  or 
other  landmarks  affected  thereby.  Thereupon,  the  borough  president 
shall  cause  one  of  the  city  surveyors  or  an  engineer  in  his  department 
to  take  such  measurements  and  field  notes  as  may  be  necessary  to 
restore  such  monuments  or  bolts  to  their  correct  position,  after  the 
completion  of  the  contemplated  work,  and,  when  such  measurements 
and  field  notes  have  been  taken,  but  not  before,  the  required  permit 
shall  be  issued.  (C.  O.  §§  109,  110.) 

Each  borough  president  shall  cause  a covenant  to  be  incorporated 
in  all  contracts  hereafter  made  by  him  for  constructing,  regulating  or 
repairing  any  street,  requiring  the  contractor  to  obtain  the  permit 
above  required  and  to  take  such  other  precautions  for  the  care  and 
preservation  of  monuments,  bolts  and  other  landmarks  as  the  bor- 
ough president  may  direct.  (C.  O.  § 108.) 

§ 51.  Removal  or  covering  up  of  landmarks. — No  person  or  persons 
shall  remove  or  cover  up  a monument  or  bolt  for  designating  any 
street,  without  giving  3 days’  notice  in  writing  of  his  intention  so  to 
do  to  the  president  of  the  borough  in  which  the  monument  or  bolt  is 
situated.  Upon  receiving  such  a notice,  the  borough  president  shall 
cause  one  of  the  city  surveyors,  or  an  engineer  in  his  department,  to 
take  the  necessary  measures  to  raise  or  lower  such  monument  or  bolt 
to  the  proper  grade  of  the  street  and,  when  necessary,  to  cause  such 
alteration  to  be  noted  on  records  to  be  kept  in  his  office  for  that 
purpose.  Whenever  a borough  president  shall  ascertain  that  any 
monurnent  or  bolt  has  been  removed,  without  such  notice,  he  shall 
forthwith  cause  the  same  to  be  placed  in  its  proper  position,  and  shall 
note  the  same  on  the  records  in  the  manner  before  stated.  The 
expenses  attending  such  replacement  shall  be  paid  by  the  comptroller, 
on  the  certificate  of  the  borough  president  causing  the  work  to  be 
done.  (C.  O.  §§  106,  107,  111,  112.) 


292 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 52.  Violations. — Any  person  who  shall  make  any  excavation  or 
embankment,  or  lay  or  take  up  any  pavement  or  flagging  within  3 
feet  of  any  monument,  bolt  or  other  landmark,  without  having  first 
obtained  a permit  to  perform  such  work,  or  who  shall  in  any  way 
remove  or  deface  any  monument,  bolt  or  other  landmark,  shall 
be  punished  for  each  offense  by  a fine  of  $50,  or  by  imprisonment  for 
not  exceeding  30  days,  or  by  both  such  fine  and  imprisonment. 
(C.  O.  § 113,  revised.) 

ARTICLE  7 

CONSTRUCTION  AND  REPAIR 

Sec.  60.  Paving,  generally. 

§ 61.  Paving  by  abutting  owners. 

§ 62.  Curbing. 

§ 63.  Gutter-stones. 

§ 64.  Width  of  streets  in  Brooklyn. 

§ 65.  Removal  of  debris. 

Sec.  60.  Paving,  generally. — All  streets  of  22  feet  in  width  and 
upward,  and,  when  required  to  be  paved  by  competent  authority,  all 
other  streets  or  alleys  of  less  width  shall  be  paved  and  arched  in  full 
accordance  with  standard  specifications  for  such  work,  which  shall  be 
prescribed  by  the  borough  president  having  jurisdiction  and  kept 
on  file  in  his  office.  (C.  O.  §§  132, 135.) 

§ 61.  Paving  by  abutting  owners. — Any  citizen  or  number  of 
citizens  shall  be  allowed  to  pave  the  street  opposite  to  his  or  their 
property,  where  the  same  shall  extend  from  the  intersection  of  one 
cross  street  to  the  intersection  of  another;  provided  the  same  be  done 
in  conformity  to  the  regulations  of  the  president  of  the  borough  in 
which  such  street  is  located  and  subject  to  such  conditions  as  he  may 
impose.  (C.  O.  § 134.) 

§ 62.  Curbing. — All  curbing  for  the  support  of  sidewalks  hereafter 
to  be  laid  shall  be  of  the  material  or  materials,  dimensions  and  con- 
struction required  in  standard  specifications  for  such  work,  which 
shall  be  prescribed  by  the  borough  president  having  jurisdiction  and 
kept  on  file  in  his  office.  (New.) 

§ 63.  Gutter-stones. — 1.  Laying.  All  gutter-stones  hereafter  laid 
shall  be  of  the  best  hard  blue  stone  or  granite,  at  least  30  inches  in 
length,  14  inches  in  width,  and  6 inches  thick,  and  shall  be  cut  to  a 
fair  and  level  surface  without  windings,  with  true  and  parallel  sides, 
and  the  ends  square  so  as  to  form  tight  and  close  joints;  under 
the  penalty  of  $10,  to  be  sued  for  and  recovered  from  the  person  or 
persons  laying  the  same  and  the  owner  or  owners  of  the  lot  fronting 
on  the  sidewalk  or  street,  severally  and  respectively.  (C.  O.  § 125.) 

2.  Regulating.  If  any  street,  when  paved,  shall  not  exactly  range, 
the  gutter  or  outside  of  the  footpath  or  sidewalk,  shall  be  laid  out 
and  made  as  nearly  in  a straight  line  as  the  street  will  permit;  the 
ascent  and  descent  of  the  same  shall  be  regulated  by  the  president  of 
the  borough  in  which  the  same  is  located,  and  a profile  thereof,  with 
the  regulations  distinctly  marked  therein,  shall  be  deposited  and 
kept  in  the  office  of  the  borough  president  regulating  the  same. 
(C.  O.  § 126.) 


STREETS 


293 


§ 64.  Width  of  streets  in  Brooklyn. — The  widths  of  the  roadways 
and  the  sidewalks  of  the  streets  in  the  Twenty-ninth  and  Thirty- 
second  wards  of  the  borough  of  Brooklyn  are  hereby  fixed  at  the 
dimensions  prescribed  by  the  ordinances  of  the  former  city  of  Brook- 
lyn, instead  of  the  dimensions  indicated  upon  the  title  pages  of  the 
maps  of  the  former  towns  of  Flatbush,  New  Utrecht,  Gravesend  and 
Flatlands,  except  in  the  case  of  the  following  named  streets  and 
avenues,  where  the  width  of  roadways  and  sidewalks  shall  remain  as 
shown  upon  the  above  mentioned  town  survey  maps  and  where  the 
streets  have  already  been  paved,  namely : 

Thirteenth  avenue,  within  the  limits  of  the  Twenty-ninth  ward; 

Sixteenth  avenue,  within  the  limits  of  the  Twenty-ninth  ward; 

Malbone  street,  within  the  limits  of  the  Twenty-ninth  ward; 

East  New  York  avenue,  within  the  limits  of  the  Twenty-ninth 
ward; 

Church  avenue,  for  its  entire  length; 

Tilden  avenue  (formerly  Vernon  avenue),  between  Flatbush 
avenue  and  Holy  Cross  cemetery; 

Cortelyou  road,  for  its  entire  length; 

Clarendon  road,  for  its  entire  length; 

Avenue  E (or  Ditmas  avenue),  between  Coney  Island  avenue  and 
West  avenue  and  between  Remsen  avenue  and  Rockaway 
avenue; 

Avenue  F,  between  Rogers  avenue  and  Ocean  avenue; 

Flatlands  avenue,  within  the  limits  of  the  Thirty-second  ward; 

Rogers  avenue,  from  Malbone  street  to  Flatbush  avenue; 

New  York  avenue,  from  Malbone  street  to  Church  avenue; 

Albany  avenue,  from  Malbone  street  to  its  southerly  end; 

Utica  avenue,  from  East  New  York  avenue  to  Flatbush  avenue; 

Ralph  avenue,  from  Remsen  avenue  to  Avenue  T; 

Remsen  avenue,  for  its  entire  length; 

East  Ninety-second  street,  for  its  entire  length; 

Rockaway  parkway,  for  its  entire  length ; 

Avenue  T,  between  Ralph  avenue  and  Flatbush  avenue; 

Flatbush  avenue,  between  Malbone  street  and  Jamaica  bay; 

Nostrand  avenue,  from  Malbone  street  to  the  boundary  line 
between  Thirty-first  and  Thirty-second  wards; 

Coney  Island  avenue,  within  the  limits  of  the  Twenty-ninth  ward ; 

Brooklyn  avenue,  from  Church  avenue  to  Avenue  C; 

East  Ninety-third  street,  from  Avenue  N to  Jamaica  bay; 

East  Ninety-eighth  street,  for  its  entire  length; 

Avenue  N.  from  Remsen  avenue  to  East  Ninety- third  street,  and 
from  Flatbush  avenue  to  Avenue  U; 

Avenue  U,  from  Avenue  N to  Jamaica  bay ; 

Linden  avenue,  from  East  Ninety-second  street  to  Rockaway 
parkway; 

Avenue  A,  within  the  limits  of  the  Thirty-second  ward.  (Brookl. 
Ords.  § 14.) 

§ 65.  Removal  of  debris. — Any  person,  other  than  the  commissioner 
of  water  supply,  gas  and  electricity,  who  may  hereafter  pave,  or 
cause  to  be  paved  any  street,  shall  have  the  sand,  dirt  or  rubbish 
cleaned  off  such  street  and  every  part  thereof,  within  12  days  after 
the  pavement  shall  have  been  completed,  under  a penalty  of  S25 


294  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

for  each  violation  of  this  provision;  and  in  addition  thereto,  the 
president  of  the  borough  in  which  the  work  has  been  done  shall  cause 
the  debris  thereof  to  be  removed  at  the  expense  of  the  party  neglect- 
ing or  refusing  so  to  do,  who  shall  be  liable  in  an  appropriate  action 
at  law  for  the  recovery  of  the  amount  expended  by  the  city.  This 
section  shall  be  so  construed  as  to  apply  to  the  removal  of  all  sand, 
dirt  or  rubbish  collected  in  any  part  of  any  and  all  streets  covered 
by  any  pavement  so  done  or  laid,  or  excavation  that  may  have  been 
made,  or  other  work  done  in  pursuance  thereof;  and  no  account  for 
paving,  in  pursuance  of  this  section,  shall  be  accepted  as  completed 
unless  the  city  official  making  the  contract  shall  certify  that  this 
section  has  been  fully  complied  with.  (C.  O.  §§  136,  137.) 

ARTICLE  8 

DISTURBANCE  OF  SURFACE 

Sec.  80.  General  provisions. 

§ 81.  Prevention  of  disturbances  of  street  surface. 

§ 82.  Violations. 

Sec.  80.  General  provisions. — No  person,  without  being  previously 
authorized  by  a permit  of  the  president  of  the  borough,  having 
jurisdiction,  shall  fill  in  or  raise,  or  cause  to  be  filled  in  or  raised, 
any  street  or  public  place,  or  any  part  of  such  street  or  public  place, 
or  take  up,  remove,  or  carry  away,  or  cause  to  be  taken  up,  removed 
or  carried  away,  any  asphalt  or  asphalt  blocks,  flagstones,  turf, 
stone,  gravel,  sand,  clay  or  earth  from  any  such  street  or  public 
place.  (Port  Richmond  Ords.  § 3,  made  general.) 

§81.  Prevention  of  disturbance  of  street  surface. — Whenever  any 
persons  shall  attempt  to  take  up  the  pavement  of  any  street  or  re- 
move any  part  of  the  paving  thereof,  without  a permit,  the  borough 
president  having  jurisdiction  shall  take  immediate  steps  to  prevent 
such  disturbance  of  the  surface  of  the  street,  and  shall  forthwith 
restore  such  flagging  or  pavement,  as  nearly  as  may  be  practicable, 
to  the  condition  in  which  it  was  before  such  taking  or  removal  as 
aforesaid,  at  the  expense  of  the  party  removing  the  same,  to  be  re- 
covered as  penalties  are  covered.  (C.  O.  § 147.) 

A fee  of  $5.00  for  permit  to  open  pavement  is  a valid  exercise  of  police  power. 
Buffalo  V.  Stevenson,  207  N.  Y.  258. 

§ 82.  Violations. — Any  person  who  shall  violate  any  provision 
of  this  article  shall,  upon  conviction  thereof,  be  punished  by  a fine 
of  not  more  than  $50,  or  by  imprisonment  for  not  exceeding  30  days, 
or  by  both  such  fine  and  imprisonment.  (New  Brighton  Ords.  § 6.) 

ARTICLE  9 

EXCAVATIONS 


Sec.  90.  Permit  required. 

§ 91.  Deposits  to  cover  cost  of  restoration  of  pavement. 
§ 92.  Restrictions;  borough  of  Richmond. 


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§ 93.  Workmen  on  excavations. 

§ 94.  Excavations  for  public  works. 

§ 95.  Excavations  for  private  purposes. 

§ 96.  Replacement  of  pavement. 

§ 97.  Fees;  borough  of  Richmond. 

§ 98.  Enforcement  of  article. 

Sec.  90.  Permit  required. — No  water  company,  gas  company, 
telephone  or  electric  light  company,  nor  any  person  or  association 
of  persons  shall  be  allowed  to  dig  up  any  street  or  public  place,  for 
any  purpose,  without  a written  permit  from  the  president  of  the 
borough  in  which  the  work  is  to  be  done.  (C.  O.  § 148  revised.) 

§91.  Deposits  to  cover  cost  of  restoration  of  pavement. — 1.  When 
required.  Each  borough  president,  whenever  granting  a permit 
for  any  excavation,  opening  or  disturbance  of  the  pavement  of  the 
pavement  of  the  carriageway  of  any  street  or  sidewalk  thereof,  for 
any  purpose  whatever,  except  in  cases  where  such  opening,  excava- 
tion or  disturbance  shall  be  directly  authorized  by  law,  shall  require, 
of  the  person  by  whom  or  for  whose  benefit  any  excavation  or  open- 
ing is  to  be  made,  a deposit  of  such  sum  as  shall  be  deemed  sufficient 
to  cover  and  pay  all  the  expenses  on  the  part  of  the  department 
granting  the  permit,  as  the  case  may  be,  for  furnishing  such  material, 
doing  such  work,  and  taking  such  means  as  shall  be  required  to 
properly  restore  and  secure  against  sinkage  the  street  and  sidewalk, 
pavement,  curb  and  flagging  necessary  to  be  replaced  in  consequence 
of  making  such  excavation,  opening  or  disturbance;  which  deposit 
shall  be  a full  discharge  of  all  liability  and  claim  against  the  person 
making  such  deposit  and  payment  for  the  work  herein  provided  for 
and  required  of  the  department  aforesaid.  (C.  O.  § 148.) 

2.  Deposits  go  to  chamberlain.  All  moneys  received  as  deposits 
under  the  preceding  subdivision  shall  be  turned  over  to  the  chamber- 
lain,  who  shall  keep  an  account  of  the  same,  which  shall  be  separate 
and  distinct  from  all  other  funds  and  accounts  whatsoever,  and 
such  deposits  shall  constitute  a Special  Fund,^^  in  respect  to  each 
department  separately,  which  is  hereby  created  and  established 
subject  to  such  payments  as  hereinafter  provided  for.  (C.  O.  § 149.) 

3.  Disbursements  from  deposits.  Such  sums  as  shall  be  certified 
by  the  borough  presidents  to  have  been  necessarily  expended  by 
them  for  any  repaving  done,  pursuant  to  this  article,  shall  be  paid 
from  the  appropriate  ‘^Special  Fund,”  upon  the  requisition  of  the 
borough  presidents,  as  the  case  may  be,  after  examination,  audit 
and  allowance  of  accounts  by  the  finance  department,  in  the  same 
manner  that  payments  are  or  shall  be  required  by  law  to  be  made 
from  the  city  treasury;  provided  that  the  amount  so  certified  and 
paid  shall  not  exceed  the  aggregate  amount  of  such  “Special  Fund.” 
(C.  O.  § 151.) 

§ 92.  Restrictions;  borough  of  Richmond. — ^The  following  shall 
apply  to  all  excavations  made  in  streets  in  the  borough  of  Richmond: 

1.  Extent  of  opening.  At  the  intersection  of  cross  streets,  not 
inore  than  one-half  of  the  width  of  the  street  shall  be  opened  at  one 
time;  the  other  half  shall  remain  untouched  for  the  accommodation 
of  traffic  until  the  first  half  is  restored  for  safe  use.  (Richmond  Ords. 
§8.) 


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2.  Hydrants  and  mail  boxes.  All  work  shall  be  so  prosecuted  as 
not  to  interfere  with  easy  access  to  fire  hydrants  and  United  States 
mail  boxes.  (Id.  § 9.) 

3.  Snow  removal.  The  person  or  corporation  to  whom  a permit 
for  street  opening  is  granted  must  remove,  within  24  hours,  all  snow 
and  ice  that  may  fall  or  form  upon  the  street  within  5 feet  upon 
either  side  of  the  opening  and  keep  the  space  free  from  snow  and 
ice  until  the  opening  is  properly  refilled.  (Id.  § 21.) 

4.  Tunnelling.  Tunnelling  under  crosswalks  and  railroad  tracks 
shall  not  be  allowed  at  any  time.  The  bridge  stones  forming  cross- 
walks must  be  removed  and  placed  out  of  the  way  of  street  traffic, 
being  carefully  relaid  and  thoroughly  bedded  when  the  work  is  com- 
pleted. (Id.  § 7.) 

§ 93.  Workmen  on  excavations. — A person  to  whom  consent  may 
be  granted,  or  a permit  issued  to  use  or  open  a street,  shall  be  re- 
quired, before  such  consent  or  permit  may  be  granted  or  issued,  to 
agree  that  none  but  competent  men,  skilled  in  the  work  required  of 
them,  shall  be  employed  thereon,  and  that  the  prevailing  scale  of 
union  wages  shall  be  paid  to  those  so  employed.  No  consent  shall  be 
granted  or  permission  given  until  such  agreement  shall  have  been 
entered  into,  with  the  department  having  jurisdiction  over  the 
street  to  be  so  used  or  opened,  and  all  such  permits  hereafter  issued 
shall  include  therein  a copy  of  this  provision.  (C.  O.  § 113a.) 

§ 94.  Excavations  for  public  works. — 1.  Notice  to  public  service 
corporations.  Whenever  any  sewer,  culvert,  water  main  or  pipe  is  to 
be  constructed,  altered  or  repaired  in  any  street  in  which  the  pipes, 
mains  or  conduits  of  public  service  corporations  are  laid,  or  whenever 
any  such  street  shall  be  regulated  or  graded,  the  contractor  therefor 
shall  give  notice  thereof  in  writing  to  the  said  corporations,  or  to  the 
one  whose  pipes,  mains  or  conduits  are  laid  in  the  street  about  to  be 
so  disturbed,  regulated  or  graded,  at  least  24  hours  before  breaking 
ground  therefor.  This  provision  shall  be  included  in  every  contract 
hereafter  made  for  constructing,  altering  or  repairing  any  sewer  or 
culvert,  water  main  or  pipe,  in  any  street  in  which  the  pipes,  mains  or 
conduits  of  public  service  corporations  shall  be  laid  at  the  time  of 
making  such  contract,  or  for  regulating  or  grading  any  such  street. 
(C.  O.  §§  163, 165.) 

2.  Public  service  corporations  shall  protect  their  property.  Public 
service  corporations  whose  pipes,  mains  or  conduits  are  about  to  be 
disf;Urbed  by  the  constructing,  altering  or  repairing  of  any  sewer, 
culvert,  water  main  or  pipe,  or  by  the  regulating  or  grading  of  any 
street,  shall,  on  the  receipt  of  the  notice  provided  for  in  the  preced- 
ing subdivision,  remove  or  otherwise  protect  and  replace  their  pipes, 
mains  and  conduits,  and  all  fixtures  and  appliances  connected  there- 
with or  attached  thereto,  where  necessary,  under  the  direction  of  the 
borough  president.  (C.  O.  § 164.) 

§ 95.  Excavations  for  private  purposes. — 1.  Notice  to  public  service 
corporations.  The  person  by  whom  or  for  whose  benefit  any  excava- 
tion is  to  be  made  in  any  street,  shall  give  notice,  in  writing,  thereof 
to  any  corporation  whose  pipes,  mains  or  conduits  are  laid  in  the 
street  about  to  be  disturbed  by  such  excavation,  at  least  24  hours 
before  commencing  the  same;  and  shall,  at  his  expense,  sustain, 
secure  and  protect  such  pipes,  mains  or  conduits  from  injury,  and 


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replace  and  pack  the  earth  wherever  the  same  shall  have  been  re- 
moved, loosened  or  disturbed,  under  or  around  them,  so  that  they 
shall  be  well  and  substantially  supported.  If  any  such  person  shall 
fail  to  sustain,  secure  and  protect  said  pipes,  mains  or  conduits  from 
injury,  or  to  replace  and  pack  the  earth  under  or  around  them,  as  the 
provisions  of  this  section  require,  then  the  same  may  be  done  by  the 
corporation  to  whom  the  same  may  belong,  and  the  cost  thereof,  and 
all  damages  sustained  by  said  corporation  thereby,  shall  be  paid 
by  said  person,  and,  in  default  thereof,  such  corporation  may  main- 
tain an  action  against  him  therefor.  (C.  O.  § 166.) 

2.  Permits  conditioned  upon  such  notice.  The  provisions  of  the 
preceding  subdivision  shall  be  made  part  and  a condition  of  every 
permit  that  shall  be  granted  to  any  person  for  making  any  excavation 
in  any  street  in  which  the  pipes,  mains  or  conduits  of  any  public 
service  corporation  shall  be  laid  at  the  time  of  granting  said  permits; 
provided  such  corporations  or  any  of  them  shall  secure  such  permits, 
or  pay  a just  proportion  of  the  fees  therefor.  (C.  O.  § 167.) 

§ 96.  Replacement  of  pavement. — 1.  General  provisions.  Whenever 
any  pavement,  sidewalk,  curb  or  gutter  in  any  street  or  public  place 
shall  be  taken  up,  the  borough  president  having  jurisdiction  shall 
restore  such  pavement,  sidewalk,  curb  or  gutter  to  its  proper  condi- 
tion as  soon  thereafter  as  is  practicable,  requiring  the  person  or 
persons  b}^  whom  or  for  whose  benefit  the  same  is  removed  to  deposit 
the  material  composing  the  superstructure,  without  breaking  or 
injuring  the  same,  and  in  a manner  which  will  occasion  the  least 
inconvenience  to  the  public;  to  fill  in  any  excavation  made,  and  to 
leave  the  same  properly  packed,  rammed  * and  repaired  for  any 
required  repaving.  Each  borough  president  is  hereby  authorized  to 
establish  such  rules  and  regulations  as,  in  his  judgment,  shall  be 
deemed  necessary  for  the  purpose  of  carrying  out  the  provisions  of 
this  subdivision.  (C.  O.  § 150.) 

2.  Rock  refills.  Wherever  rock  is  excavated,  not  more  than  one- 
third  of  the  total  excavation  shall  be  refilled  with  the  broken  stone, 
which  must  be  in  pieces  not  exceeding  6 inches  in  their  largest  dimen- 
sion, and  mingled  with  clean  earth  and  sand,  and  restored  in  such 
manner  as  to  insure  the  thorough  and  compact  filling  of  all  spaces. 
(Richmond  Ords.  § 6.) 

3.  Restoration  by  borough  presidents.  Whenever  any  pavement  in 
any  street  shall  be  taken  up,  or  any  paving  stones  in  a street  shall 
have  been  removed  in  violation  of  the  preceding  sections,  the  pres- 
ident of  the  borough  having  jurisdiction  shall  forthwith  return  such 
stones  to  their  former  places,  and  shall  otherwise  restore  the  pave- 
ment, as  nearly  as  may  be  practicable,  to  its  normal  condition. 
(C.O.§145.) 

§97.  Fees;  borough  of  Richmond. — 1.  Restoration  of  pavement. 
Fees  for  the  restoration  of  pavement  shall  be  paid  by  the  person 
responsible  for  a street  excavation  in  the  borough  of  Richmond,  as 


follows: 

(a)  For  areas  less  than  10  square  yards: 

Restoring  granite  or  other  blocks  or  brick  on  concrete  founda- 
tion, per  square  yard $3  00 

For  restoring  granite  or  other  blocks  or  brick  on  sand  founda- 
tion, per  square  yard 1 00 


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For  sheet  asphalt  on  concrete  foundation,  per  square  yard ...  $3  00 

For  macadam,  per  square  yard 80 


2.  Areas  in  excess  of  10  square  yards.  The  fees  for  such  excava- 
tions in  the  borough  of  Richmond  shall  be  such  as  may  be  determined 
by  the  president  of  the  borough  or  his  representative.  The  area  of 
surface  to  be  repaved  shall,  in  all  cases,  be  computed  by  the  president 
of  the  borough  or  his  representative,  from  the  diagram  in  the  appli- 
cation, as  verified  or  corrected  by  comparison  with  the  maps  and 
records  on  file.  (Richmond  Ords.  §§  13,  14.) 

3.  Inspection  of  hack  filling.  The  fee  for  the  inspection  of  the 
back  filling  of  any  trench  in  a street  in  the  borough  of  Richmond  shall 
be  as  follows: 

For  trenches  not  more  than  4 feet  in  depth,  nor  more  than  30 


feet  in  length $2  00 

For  trenches  over  4 feet  and  under  9 feet  in  depth  and  not 

more  than  30  feet  in  length 3 00 

For  trenches  over  9 feet  and  under  16  feet  in  depth  and  not 

more  than  30  feet  in  length 4 00 


For  trenches  of  greater  dimensions  than  the  foregoing,  special 
charge,  as  may  be  determined  by  the  president  of  the  borough,  or 
his  representative.  (Richmond  Ords.  § 11.) 

§ 98.  Enforcement  of  article. — 1.  Duties  of  police.  All  policemen 
shall  be  vigilant  in  the  enforcement  of  the  provisions  of  this  article, 
and  report  through  proper  channels  any  violations  thereof  to  the 
corporation  counsel.  Policemen,  on  observing  or  being  informed  of 
the  opening  of  or  excavating  in  any  street,  shall  require  the  person 
making  such  opening  or  excavation  to  exhibit  the  authority  or 
permission  therefor;  and,  if  none  has  been  given,  or  if  the  exhibition 
thereof  be  refused,  the  officer  shall,  without  delay,  make  complaint 
to  the  corporation  counsel  and  report  the  same  to  the  president  of  the 
borough  in  which  the  violation  occurs,  through  the  police  commis- 
sioner. (C.  O.  § 161.) 

2.  Violations.  Any  person  who  shall  violate  any  provision  of  this 
article  shall  forfeit  and  pay  a penalty  of  $50,  and,  in  addition  thereto 
shall  be  liable  to  pay  the  expense  of  repairing  or  replacing  any  pave- 
ment removed  or  damaged  by  him.  (C.  O.  § 148.) 


ARTICLE  10 

HOUSE  NUMBERING 

Sec.  110.  General  provisions. 

§ 111.  Borough  presidents  to  adjust  numbering. 

§ 112.  Numbers  in  certain  sections  of  Manhattan. 

Sec.  110.  General  provisions. — 1.  Requirements.  The  owner,  agent, 
lessee  or  other  person  in  charge  of  each  and  every  residence,  or  build- 
ing used  for  residential  purposes  in  the  city  shall  cause  to  be  placed 
or  affixed  on  the  fanlight,  or  on  the  inner  door  thereof,  the  proper 
street  number  or  numbers  of  the  building,  and  shall  have  the  same 
kept  and  retained  or  renewed  thereon,  so  that  the  same  may  at  all 
times  be  legible;  provided,  however,  that  where  a residence  or  build- 


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299 


ing  used  for  residential  purposes  is  set  back  from  the  street  line 
more  than  25  feet,  then  such  number  or  numbers  may,  at  the  option 
of  the  owner,  agent,  lessee  or  other  person  in  charge  of  such  resi- 
dence or  building,  be  so  placed  or  affixed  and  kept,  retained  or  re- 
newed on  a gate,  gate-post,  fence  or  other  object  near  the  street 
line  of  the  premises.  (C.  O.  § 103  amend,  and  revised.) 

2.  Violations.  If  the  owner,  lessee,  agent  or  other  person  in  charge 
of  any  residence  or  building  used  for  residential  purposes  in  the  city 
shall  fail  to  provide,  place  and  keep  such  number  or  numbers  on  any 
such  building  within  30  days  after  this  ordinance  shall  take  effect, 
the  president  of  the  borough  shall  forthwith  serve  him  with  a copy 
of  this  section,  and  if,  after  30  days’  service,  the  owner,  lessee,  agent 
or  other  person  in  charge  of  a building  shall  fail  or  neglect  to  comply 
with  the  provisions  thereof  he  shall  be  subject  to  a penalty  of  $10, 
which  shall  be  sued  for  and  collected  in  the  name  of  the  city.  (New.) 

§ 111.  Borough  'presidents  to  adjust  numbering. — In  all  cases  where 
a street  shall  have  been  numbered  or  renumbered,  the  borough 
president  having  jurisdiction  shall  thereafter  adjust  and  renumber 
such  street  as  the  same  may  be  required  from  time  to  time.  In 
numbering  and  renumbering  houses,  he  shall  leave  sufficient  numbers 
on  each  block,  so  that,  under  any  circumstances,  there  would  be  but 
one  block  where  a change  would  be  required,  in  case  of  renumbering 
at  any  subsequent  time.  (C.  O.  §§  101,  104.) 

Power  of  city  authorities  to  renumber  houses  sustained.  Van  Ingen  v.  Hudson 
Realty  Co.,  106  App.  Div.  444. 

§ 112.  Numbers  in  certain  sections  of  Manhattan. — Whenever  any 
street  north  of  9th  street,  inclusive,  in  the  borough  of  Manhattan, 
shall  be  directed  to  be  numbered  or  renumbered,  the  president  of 
said  borough  shall  cause  the  numbers  to  commence  at  Fifth  avenue, 
numbering  east  and  west,  beginning  with  No.  1,  on  the  west  side  of 
Fifth  avenue;  No.  100,  on  the  west  side  of  Sixth  avenue;  No.  200, 
on  the  west  side  of  Seventh  avenue,  and  so  on,  east  and  west  of 
Fifth  avenue,  through  the  whole  series  of  streets  north  of  9th  street, 
and  including  9th  street;  and  said  streets  shall  hereafter  be  called 
and  known  as  East  9th  street  and  West  9th  street,  and  so  on;  the 
dividing  line  to  be  Fifth  avenue.  (C.  O.  § 102.) 


ARTICLE  11 

LIGHTS 

Sec.  120.  Breaking  or  carrying  away  lamps  or  fixtures. 

§ 121.  Removal  of  lamp-posts  or  electric  light  poles. 

§ 122.  Violations. 

Sec.  120.  Breaking  or  carr'ying  away  lamps  or  fixtures. — No  per- 
son shall  wilfully  break,  deface,  take  down,  carry  away,  or  interfere 
with  any  lamp  or  any  gas  or  electric  light  apparatus,  or  any  part 
thereof,  which  shall  be  hung  or  fixed  in  any  street  or  public  place,  or 
extinguish  the  light  therein  except  by  proper  authority.  (New.) 

§ 121.  Removal  of  lamp-posts  or  electric  light  poles. — No  person 
shall  take  up,  remove  or  carry  away  any  lamp-post  or  electric  light 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


pole  in  any  street  or  public  place,  without  permission  of  the  com- 
missioner of  water  supply,  gas  and  electricity.  Any  person  who 
shall  take  up  and  temporarily  remove  any  lamp-post  or  electric 
light  pole,  under  a permit  or  by  other  lawful  authority,  shall  cause 
the  same  to  be  reset  at  his  own  expense  immediately  upon  the  com- 
pletion of  the  work  that  necessitated  its  removal.  (C.  O.  §§  297, 
298,  revised.) 

§ 122.  Violations. — Any  person  who  shall  violate  any  provision 
of  this  article  shall,  upon  conviction  thereof,  be  punished  by  a fine 
of  not  more  than  S50,  or  by  imprisonment  for  not  exceeding  30  days, 
or  by  both  such  fine  and  imprisonment.  (New.) 


ARTICLE  12 

NOISES 


Sec.  130.  General  provisions. 

§ 131.  Hospital  streets. 

§ 132.  School  streets. 

§ 133.  Peddlers,  hawkers  and  venders. 

§ 134.  Junkmen. 

§ 135.  Metal  rails,  pillars  and  columns,  transportation  of. 

§ 136.  Showmen. 

Sec.  130.  General  provisions. — No  person  shall  make,  aid,  counte- 
nance, encourage  or  assist  in  making  any  unusual  or  improper  noise, 
riot  or  disturbance  in  any  street  or  public  place  to  the  annoyance 
or  inconvenience  of  travelers,  or  of  persons  residing  adjacent  thereto; 
nor  shall  any  person  use  any  profane,  obscene  or  vulgar  language 
in  any  street,  or  public  place.  (Arverne  Ords.  § 1,  made  general.) 

§ 131.  Hospital  streets. — The  several  borough  presidents  are  hereby 
authorized  to  erect  on  lamp-posts,  or,  in  the  absence  of  lamp-posts, 
on  such  posts  as  they  may  find  occasion  to  erect,  at  corners  of  in- 
tersecting streets  on  which  may  be  located  a hospital,  lying-in  asy- 
lum, sanatorium  or  other  institution  reserved  for  the  treatment 
of  the  sick,  a sign  or  signs  displaying  the  words:  ^‘Notice — Hospital 
Street,  and  such  other  warning  or  admonition  to  pedestrians  and 
drivers  to  refrain  from  fast  driving  or  making  any  noise  that  may  tend 
to  disturb  the  peace  and  quiet  of  any  or  all  of  the  inmates  of  such 
institution.  No  person  shall  make  any  unnecessary  noise  nor  drive 
at  a speed  faster  than  a walk  on  any  street  designated  as  a “Hospital 
Street,^ ^ for  which  such  warning  signs  have  been  erected.  (C.  O. 
§ 260E.) 

§ 132.  School  streets. — 1.  Signs.  The  several  borough  presidents 
are  hereby  authorized  to  erect,  on  lamp-posts,  or,  in  the  absence  of 
lamp-posts,  on  such  posts  as  they  may  find  occasion  to  erect,  at 
corners  of  intersecting  streets  on  which  may  be  located  a school, 
a sign  or  signs  displaying  the  words,  “Notice — School  Street,^’  and 
such  other  warning  or  admonition  to  pedestrians  and  drivers  not 
to  make  any  unnecessary  noise  or  to  drive  at  such  speed  as  may  tend 
to  disturb  the  peace  and  quiet  of  the  pupils  and  teachers  of  such 
school,  as  may  be  deemed  to  be  expedient. 


STREETS 


301 


2.  Noisy  vehicular  traffic.  The  police  commissioner  is  authorized 
in  his  discretion  to  cause  all  heavy,  noisy  vehicular  traffic  to  be 
diverted  from  the  immediate  block  or  blocks  upon  which  any  school 
shall  be  located,  during  the  period  between  the  hours  of  8.45  a.  m.  and 
3.15  p.  m.  of  every  school  day. 

3.  Noise  lessening  pavement.  The  several  borough  presidents  are 
hereby  authorized,  in  their  discretion,  to  repave  the  streets  immedi- 
ately contiguous  to  schools  with  such  noise  lessening  pavement  as 
may  meet  with  their  approval. 

4.  Prohibitions.  No  person  shall  make  any  unnecessary  noise, 
or  drive  at  a speed  faster  than  a walk,  or  violate  any  traffic  rule  or 
regulation  of  the  police  department  on  any  street  which  has  been 
designated  as  a ^‘School  Street,’^  for  which  such  warning  signs  have 
been  erected.  (Ord.  Apr.  16,  1912o  revised.) 

§ 133.  Peddlers^  hawkers  and  venders. — 1.  Generally.  No  peddler, 
vender,  hawker  or  huckster,  who  plies  a trade  or  calling  of  whatsoever 
nature  on  the  streets,  shall  blow  upon  or  use  or  suffer  ar  permit  to 
be  blown  upon  or  used,  any  horn  or  other  instrument  or  device, 
nor  make  or  suffer  or  permit  to  be  made  any  noise  tending  to  disturb 
the  peace  and  quiet  of  a neighborhood,  for  the  purpose  of  directing 
attention  to  his  wares,  trade  or  calling.  No  peddler  shall  cry  or 
sell  his  or  her  wares  or  merchandise  on  Sunday,  nor  after  9 o’clock 
p.  m.,  nor  cry  his  or  her  wares  before  8 o’clock  in  the  morning  of 
any  day  except  Saturdays,  when  they  shall  be  allowed  to  cry  or  sell 
their  wares  or  merchandise  until  11.30  o’clock  p.  m.  (C.  O.  § 551, 
revised.) 

2.  Special  restrictions.  No  peddler  shall  be  allowed  to  cry  his  or 
her  wares  within  a distance  of  250  feet  of  any  school,  court  house, 
church  or  building  in  which  religious  services  are  held,  during  school 
hours  or  hours  of  public  worship,  or  hours  of  holding  court,  respec- 
tively, nor  at  any  time  within  a like  distance  of  any  hospital,  asylum 
or  other  like  institution,  nor  within  a distance  of  250  feet  of  any 
dwelling  house  or  other  building,  when  directed  or  requested  by  an 
occupant  thereof  not  to  do  so. 

§ 134.  Junkmen. — No  junkman,  or  other  person  engaged  in  the 
buying  or  selling  of  goods,  chattels  or  merchandise  of  any  kind,  shall 
use  or  employ  on  any  street  any  bell  exceeding  6 ounces  in  weight, 
attached  to  his  vehicle  or  horse,  or  in  any  other  manner;  nor  more 
than  three  bells  at  any  one  time,  or  cause  or  allow  the  same  to  be 
done.  (Brookl.  Ords.  § 78,  made  general.) 

§ 135.  Metal  rails,  pillars  and  columns,  transportation  of. — All 
rails,  pillars  and  columns  of  iron,  steel  or  other  material,  which  are 
being  transported  over  and  along  the  streets  upon  carts,  drays,  cars, 
or  in  any  other  manner,  shall  be  so  loaded  as  to  avoid  causing  loud 
noises  or  disturbing  the  peace  and  quiet  of  such  streets.  (C.  O.  § 529.) 

§ 136.  Showmen. — No  person  shall  beat  a drum  or  operate  any 
other  instrument,  for  the  purpose  of  attracting  attention  to  any 
show  of  beasts  or  birds  or  other  things;  nor  shall  any  person  use 
or  perform  with  or  hire,  procure  or  abet  any  other  person  to  use 
or  perform  with  any  musical  or  other  instrument,  in  any  street  or 
public  place,  unless  he  shall  be  licensed,  as  such,  under  the  provisions 
of  § 171  of  chapter  14  of  this  ordinance.  The  provisions  of  this 
section  shall  apply  to  itinerant  musicians  and  side-shows,  and  shall 


302 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


not  be  construed  so  as  to  affect  any  band  of  music  or  organized 
musical  society,  engaged  in  any  military  or  civic  parade  or  in  serenad- 
ing, that  shall  comply  with  the  laws  of  the  state  or  the  provisions  of 
§ 38  of  chapter  24  of  this  ordinance,  relating  to  parades,  nor  to  any 
musical  performance  conducted  under  a license  from  the  proper 
municipal  authority.  (Manh.  Ords.  § 39,  made  general.) 


ARTICLE  13 


OBSTRUCTIONS  AND  INCUMBRANCES 


Sec.  140.  Special  uses  of  streets. 

§ 141.  Building  construction,  sidewalk  bridges. 

§ 142.  Building  material. 

§ 143.  Earth,  rocks  and  rubbish. 

§ 144.  House  moving. 

§ 145.  Posts  and  poles. 

§ 146.  Removal  of  abandoned  poles. 

§ 147.  Show  cases. 

§ 148.  Stairways  and  hoistways. 

§ 149.  Stands  within  stoop  lines. 

§ 150.  Storm-doors. 

§ 151.  Removal  of  obstructions  and  incumbrances. 

§ 152.  Vehicles,  merchandise  and  other  movable  property. 


Sec.  140.  Special  uses  of  streets— 'No  person  shall  incumber  or 
obstruct  any  street  or  sidewalk  which  has  been  opened,  regulated 
or  graded,  according  to  law,  with  any  article  or  thing  whatsoever, 
without  first  having  obtained  written  permission  from  the  president 
of  the  borough  in  which  such  street  or  sidewalk  is  situated.  (C.  O. 
§ 219.) 

This  is  substantially  the  same  as  sec.  33  of  Ch.  6,  R.  O.  1880;  sec.  1,  Ch.  24, 
City  Ordinances,  1859;  sec.  5,  tit.  11,  ch.  22,  Revised  Ordinances,  1839;  and  par.  26, 
Ch.  13,  R.  O.  1811.  In  the  first  publication  of  the  ordinances  in  1793,  after  the 
Revolution,  it  was  provided,  paragraph  6,  p.  14,  that  no  person  should  “lumber" 
any  foot  path  or  “incommode  foot  passengers”  under  a penalty  of  five  shillings, 
and  also  by  paragraph  12,  p.  16;  “That  no  Person  or  Persons  shall  incumber  or 
obstruct  any  street,  wharf,  or  pier,  with  any  Carriages,  Timber,  Boards,  Planks, 
Staves,  Heading,  Pitch,  Tar,  Turpentine,  Grindstones,  Anchors,  Bricks,  or  any 
other  kind  of  Lumber,  or  other  Thing,  without  having  first  obtained  Leave  or 
Permission  so  to  do  from  the  Mayor  or  Recorder,  or  the  Alderman  of  the  Ward; 
and  that  Leave  and  Permission  is  hereby  limited  and  confined  to  Persons  only 
that  are  or  shall  be  building  or  repairing  Houses  or  other  Buildings,  under  the 
Penalty  of  Forty  Shillings  for  each  Offence,”  and  if  the  owners  fail  to  remove  the 
same  it  may  be  carted  to  the  Alms-house  Yard  and  sold,  unless  redeemed  for  two 
pence  a day  for  every  load  carted.  It  is  important  to  note  that  in  this  and  many  of 
the  following  sections  affecting  street  obstructions  the  law  has  practically  been 
unchanged  for  over  a century. 

The  decisions  on  the  general  subject  of  incumbrances  are  very  numerous.  It 
was  a well-established  principle  at  common  law,  which  has  been  repeatedly  affirmed 
in  this  State,  that  any  obstruction,  encroachment  or  incumbrance  on  a public 
highway  without  lawful  authority  was  a public  nuisance  as  to  the  public  and  a 
private  nuisance  as  to  any  individual  injured.  See  statement  of  law  in  leading 
cases  of  Cohen  v.  Mayor,  etc.,  of  N.  Y.,  113  N.  Y.  532,  where  the  city  was  held 
liable  for  damages  resulting  from  a wagon  it  allowed  to  remain  on  the  sidewalk, 
and  Callanan  v.  Gilman,  107  N.  Y.  361,  where  adjoining  owner  recovered  damages 
and  enjoined  defendant  from  using  skids  on  the  sidewalk  so  continuously  as  prac- 
tically to  amount  to  an  appropriation  of  it  for  his  own  purposes.  Also  see  Davis  v. 
Mayor,  etc.,  14  N.  Y.  506;  Hume  v.  Mayor,  etc.,  74  N.  Y.  264. 

As  to  permanent  encroachments,  see  Ackerman  v.  True,  175  N.  Y.  353,  where 


sthp:ets 


303 


tho  extension  of  a house  on  Riverside  Drive  beyond  the  building  line  under  a per- 
mit from  the  Park  Department,  was  held  to  be  a nuisance  and  illegal.  See,  also; 
City  of  New  York  v.  Knickerbocker  Trust  Co.,  104  App.  Div.  223;  Williams  v. 
Silverman  R.  Co.,  Ill  App.  Div.  679;  McMillan  v.  Klaw  & Erlanger,  107  App. 
Div.  407;  Hatfield  v.  Strauss,  189  N.  Y.  208;  117  App.  Div.  671;  City  of  New  York 
V.  Rice,  198  N.  Y.  124. 

The  city  may  bring  an  action  in  equity  to  abate  the  nuisance  even  though  an 
action  at  law  would  lie  to  recover  the  penalty.  See  City  of  N.  Y.  v.  De  Peyster, 
120  App.  Div.  762;  City  of  N.  Y.  v.  Thorley  & Regan,  73  App.  Div.  626;  City  of 
N.  Y.  V.  Rice,  198  N.  Y.  124. 

Such  suit  should  be  brought  in  name  of  City  and  not  of  Borough  President. 
Pounds  V.  Lee  Ave.  Theatre,  Kaffer,  J.,  N.  Y.  Law  Journal,  Mar.  4,  1914. 

And  mandamus  lies  to  compel  city  oflficials  to  remove  nuisances  in  streets  where 
they  fail  to  do  so.  People  ex  rel.  Cross  Co.  v.  Ahean,  124  App.  Div.  840;  People 
ex  rel.  O’Reilly  v.  Mayor,  59  How.  Pr.  277;  People  ex  rel.  Bentley  v.  Mayor,  18 
Abb.  N.  C.  123;  People  ex  rel.  Mullen  v.  Newton,  20  Abb.  N.  C.  387;  People  ex  rel. 
Browning,  King  Co.  v.  Stover,  145  App.  Div.  259. 

Mandamus  denied  where  there  was  any  doubt.  People  ex  rel.  Lynch  v.  Manh. 
R.  R.  Co.,  20  Abb.  N.  C.  393;  People  ex  rel.  Meeks  v.  Mayor,  Lawrence,  J.,  Daily 
Register,  May  29,  1888;  People  ex  rel.  John  v.  Mayor,  Beach,  J.,  Daily  Register, 
June  2,  1887;  Whitman  y.  Hubbell,  20  Abb.  N.  C.  385. 

Injunction  to  restrain  a city  official  denied.  Ely  v.  Campbell,  59  How.  Pr.  333. 

A private  citizen  may  bring  action  to  abate  a nuisance  where  city  refuses,  Mc- 
Millan V.  Klaw  & Erlanger,  107  App.  Div.  407;  Overton  v.  Village  Orlean,  37 
Hun,  47. 

Barrels  on  sidewalk  are  a nuisance.  City  of  N.  Y.  v.  Leef,  128  N.  Y.  Supp.  676; 
wagons  in  sidewalk  are  a nuisance.  Flynn  v.  Taylor,  127  N.  Y.  596. 

Under  the  Charter  the  Board  of  Estimate  and  Appointment  possessed  the  power 
concerning  the  use  of  the  streets  formerly  possessed  by  the  Board  of  Aldermen. 
Hatfield  v.  Strauss,  189  N.  Y.  208,  214. 

See  Article  14,  Projections  and  Encroachments,  p.  313  for  other  subjects. 

§ 141.  Building  construction:  sidewalk  bridges. — Persons  who  desire 
to  erect  large  buildings  may  erect  and  maintain  a bridge,  not  to 
exceed  7 feet  in  height,  above  the  sidewalk  and  6 feet  in  width, 
extending  the  whole  length  of  the  proposed  building;  the  steps  lead- 
ing to  the  same  to  rest  upon  the  sidewalk  of  the  adjoining  premises. 
(C.  O.  §211.) 

§ 142.  Building  material — 1.  Permit.  The  president  of  each 
borough  shall  have  power  to  grant  permits  to  builders  to  occupy  not 
to  exceed  one-third  of  the  carriageway  of  any  street  with  building 
material;  provided  in  his  opinion  the  interests  and  convenience  of 
the  public  will  not  suffer  thereby.  (Brook  1.  Ords.  § 1 .) 

2.  Conditions.  Such  permits  shall  provide  expressly  that  they  are 
given  upon  condition  that  the  sidewalks  and  gutters  shall  at  all  times 
be  kept  clear  and  unobstructed,  and  that  all  dirt  and  rubbish  shall 
be  promptly  removed  from  time  to  time  by  the  party  obtaining  such 
permit,  and  that  all  such  permits  may  be  revoked  by  the  borough 
president,  at  pleasure. 

3.  Deposit.  Except  as  otherwise  specifically  provided  in  this 
article,  no  such  permit  shall  be  granted  to  any  builder  unless  he  shall, 
at  the  time  said  permit  is  granted,  have  on  deposit  with  the  borough 
president,  the  sum  of  $50,  as  a guarantee  that  he  will  promptly  com- 
ply with  the  conditions  of  all  permits  which  may  be  so  granted, 
including  the  prompt  removal  of  all  dirt  and  rubbish  placed  upon  the 
street  from  time  to  time,  and  also  for  the  prompt  removal,  after  the 
expiration  or  revocation  of  any  such  permit,  of  any  building  material 
placed  upon  any  street  thereunder.  Each  borough  president  is 
hereby  authorized  and  empowered  to  use  so  much  of  the  moneys  so 
deposited  as  may  be  required  to  effect  the  prompt  removal  of  such 
dirt  or  rubbish  as  may,  from  time  to  time,  be  left  upon  the  streets  by 


304  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

the  party  making  the  deposit,  and  also  for  the  purpose  of  removing 
any  building  material  which  may  remain  thereon,  after  the  expiration 
or  revocation  of  any  permit  under  which  it  was  so  placed.  In  case 
any  such  deposit  shall  become  impaired  or  exhausted,  by  its  use  by  a 
borough  president  in  the  removal  of  dirt,  rubbish,  or  building  mate- 
rial, the  amount  shall  be  made  up  immediately,  to  the  sum  of  $50, 
on  notice  from  the  borough  president,  and,  in  default  thereof,  all 
permits  theretofore  issued  to  the  builder  failing  to  comply  with 
such  notice  shall  be  revoked,  and  no  permit  shall  be  thereafter 
granted  to  him  until  such  deposit  be  made  good.  Any  builder  may 
at  any  time  withdraw  his  deposit;  provided  he  shall  hold  no  un- 
expired permits  and  have  fully  complied  with  all  the  conditions  of  all 
permits  theretofore  issued,  otherwise  said  builder  shall  be  only 
entitled  to  withdraw  and  receive  as  much  of  the  deposit  as  may  re- 
main unexpended  after  the  provisions  of  this  section,  relative  to  the 
use  of  said  money  for  the  removal  of  dirt,  rubbish  or  building  mate- 
rial, as  the  case  may  be,  have  been  carried  into  effect.  (Brookl. 
Ords.  8.) 

4.  Restrictions,  a.  In  placing  building  materials  in  a street,  the 
material  shall  be  so  placed  as  to  occupy  not  more  than  one-third  of 
the  width  of  the  carriageway  of  the  street.  In  a street  upon  which 
there  is  a railroad,  materials  shall  not  be  placed  nearer  to  the  track 
than  2 feet.  (C.O.  §211.) 

h.  In  no  case  shall  building  material  be  placed  upon,  nor  shall 
mortar,  cement  or  other  material  be  mixed  upon  the  pavement  of  a 
street  paved  with  asphalt,  asphalt  block  or  wood,  except  under  a 
permit  issued  by  the  borough  president  having  jurisdiction,  which 
shall  contain  a provision  that  such  pavement  shall  be  protected  by 
first  laying  planks  thereon.  Borough  presidents,  or  other  officers 
issuing  permits  to  builders  to  use  the  streets,  shall  insert  in  each 
such  permit  a clause  requiring  compliance  with  this  provision. 
(C.  O.  § 270.) 

5.  Unauthorized  obstructions.  Whenever  any  wood,  timber,  stone, 
iron  or  other  building  material  has  been  or  shall  be  put  or  placed  in 
or  upon  any  street,  without  a permit,  the  borough  president  having 
jurisdiction  shall  forthwith  cause  the  same  to  be  taken  up  and  re- 
moved. (C.  O.  § 146.) 

Placing  building  materials  in  the  street,  while  lawful,  is  subject  to  control  of  au- 
thorities. Rehberg  v.  Moyer,  91  N.  Y.  137. 

§ 143.  Earth,  rocks  and  rubbish. — In  all  cases  where  the  sidewalk 
or  roadway  of  a street  shall  be  encumbered  or  obstructed  by  the 
caving  in  or  falling  off  of  any  earth,  rocks,  rubbish  or  anything 
whatever,  from  any  lot  adjoining  such  sidewalks  or  carriageway,  the 
owner,  or  occupant  of  such  lot  shall  cause  such  earth,  rocks,  rubbish 
or  other  thing  to  be  removed  and  cleaned  from  such  sidewalk  or 
carriageway,  within  3 days  after  a written  or  printed  notice  shall  have 
been  served  by  the  borough  president,  or  other  person  in  his  name,  on 
such  owner,  personally,  or  shall  have  been  left  at  the  place  of  res- 
idence of  such  owner,  in  this  city;  or,  if  such  owner  does  not  reside  in 
the  city,  and  such  notice  shall  not  be  personally  served,  then,  within 
20  days  after  such  notice  be  sent  by  mail,  addressed  to  such  owner  at 
his  place  of  residence,  or,  when  such  residence  is  unknown  to  the  said 
borough  president,  posted  in  a conspicuous  place  on  said  premises. 


STREETS 


305 


If  the  owner,  occupant  or  agent  does  not  comply  with  such  notice, 
within  the  time  specified  in  this  section,  after  notice  thereof,  the 
borough  president  having  jurisdiction ^shall  cause  the  same  to  be 
removed  at  the  expense  of  the  owner,  occupant  or  agent,  and  such 
expense  shall  be  sued  for  and  recovered  in  the  name  of  the  city.  The 
corporation  counsel  shall  cause  a statement  of  such  cost  and  expense, 
together  with  the  description  of  the  premises,  to  be  filed  in  the 
office  of  the  county  clerk  of  the  appropriate  county.  (Brookl.  Ords. 
§§  11,  12.) 

§ 144.  House  moving. — No  person  shall  remove,  or  cause  or  permit 
to  be  removed,  or  aid  or  assist  in  removing,  any  building  or  structure 
into,  along  or  across  any  street  or  public  place,  without  permission  of 
the  president  of  the  borough  having  jurisdiction;  under  the  penalty 
of  $250  for  each  offense.  Each  borough  president  is  authorized  to 
grant  permits  for  moving  buildings  through  and  across  public  high- 
ways, taking  in  each  case  a proper  bond  to  secure  the  city  against 
loss  or  damage  incident  to  said  moving.  The  applicant  for  a permit 
to  move  a building  on  or  across  a street,  where  there  are  car  tracks  or 
overhead  wire  construction,  must  obtain  and  file  with  the  application 
the  consent  of  the  company  affected.  (C.  O.  § 269.) 

§ 145.  Posts  and  poles. — 1.  General  provisions.  No  post  or  pole 
shall  be  erected  or  put  up  in  any  street,  unless  under  a permit  of  the 
president  of  the  borough  having  jurisdiction.  (C.  O.  § 220.) 

2.  Barber  poles.  Barber  poles  not  exceeding  8 feet  in  height,  above 
the  sidewalk  level  and  other  emblematic  signs  may  be  placed  within 
the  stoop-lines,  or  fastened  to  the  railing  of  any  stoop,  under  the  same 
conditions  as  to  dimensions,  consent,  etc.,  as  hereinafter  provided  in 
the  section  relating  to  show-cases.  (C.  O.  § 263  in  part.) 

3.  Ornamental  lamp-posts.  Ornamental  posts,  surmounted  by 
lamps,  may  be  erected  within  stoop-lines  and  on  sidewalks,  near  the 
curb,  in  front  of  hotels,  churches,  theatres,  railroad  stations  and  other 
places  of  public  assemblage,  in  any  street  or  public  place.  No  such 
post  shall  exceed  in  dimensions  at  the  base  more  than  18  inches  in 
diameter,  if  circular  in  form,  and,  if  upon  a square  base,  no  side 
thereof  shall  exceed  18  inches;  provided  that  one  of  the  lamps,  to  be 
installed  and  maintained  on  each  of  the  lamp-posts  to  be  erected, 
shall  be  lighted  and  remain  lighted  every  night,  during  the  hours 
prescribed  for  public  street  lamps.  The  work  to  be  done  and  illu- 
minant  supplied  shall  be  at  the  expense  of  the  person  maintaining 
such  posts  and  lamps.  (C.  O.  § 299  as  amend.) 

§ 146.  Removal  of  abandoned  poles. — All  telegraph,  telephone  and 
electric  light  poles,  wires  or  conductors  which,  at  the  time  of  the 
passage  of  this  ordinance,  shall  h^ve  been  standing  for  3 months 
prior  thereto,  disused  or  abandoned,  or  which  shall  hereafter  remain 
or  stand  disused,  or  become  disused  or  abandoned,  in,  over  or  upon 
any  street  or  public  place,  shall  be  forthwith  removed,  but  for  suffi- 
cient cause  shown  the  borough  president  having  jurisdiction  may  by 
one  or  more  orders  extend  the  time  for  such  removal  for  periods  not 
exceeding  one  year  each.  The  persons  owning,  operating,  managing 
or  controlling  poles,  wires  or  appurtenances  which  may  have  been  so 
disused  or  abandoned  or  which  may  be  dangerous  or  unsafe,  shall 
take  down  and  remove  them,  and  upon  their  failure  to  do  so  the 
president  of  the  borough  having  jurisdiction  shall  remove  the  same 
20 


306 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


forthwith  at  the  expense  of  such  persons.  Before  such  removal  the 
borough  president,  except  in  cases  where  a condition  of  danger  exists, 
shall  mail  a notice  thereof  to  the  last  known  address  of  such  persons,  a 
copy  of  which  shall  be  posted  for  a period  of  10  days  on  each  of  such 
poles  prior  to  its  removal.  (Arverne  Ords.  rev.  and  made  general.) 

§ 147.  Show-cases. — Show-cases  may  be  placed  in  areas,  or  on  the 
sidewalk  within  the  stoop-line  in  front  of  any  building,  by  or  with 
the  consent  of  the  occupant  of  the  ground  floor  thereof,  but  not 
beyond  5 feet  from  the  house  line  or  wall  of  any  building  where  the 
stoop-line  extends  further,  except  on  streets  where  the  stoop-lines 
have  been  abolished  by  the  board  of  estimate;  but  no  such  show-case 
shall  be  more  than  5 feet  in  height,  above  the  sidewalk  level,  3 feet  in 
length,  and  2 feet  in  width,  nor  shall  it  be  so  placed  as  to  interfere 
with  the  free  access  to  the  adjoining  premises.  All  such  show-cases 
shall  be  freely  movable.  (C.  O.  § 263.) 

These  were  originally  authorized  by  ord.  March  30,  1886,  sec.  2,  as  amend,  by 
res.  app.  June  22,  1895.  Show-cases  maintained  without  permission  are  a nuisance. 
Wells  V.  Brooklyn,  9 App.  Div.  61.  They  cannot  be  allowed  six  feet  from  the 
stoop-line.  People  ex  rel.  Le  Boutillier  v.  New  York  Daily  Reg.,  April  23,  1884. 
Their  removal  by  the  authorities  may  be  compelled  by  mandamus.  People  ex  rel. 
Bentley  v.  Mayor,  18  Abb.  N.  C.  123;  People  ex  rel.  O’Reilly  v.  Mayor,  etc.,  of 
N.  Y.,  59  How.  Pr.  277.  Injunction  has  also  been  granted.  Hallock  v.  Schreyer, 
33  Hun,  111;  Ely  v.  Campbell,  59  How.  Pr.  333. 

§ 148.  Stairways  and  hoistways. — Stairways  may  be  constructed,  but 
not  at  a greater  distance  than  4 feet  from  the  house-wall  of  any  build- 
ing. Hoistways  may  be  placed  within  the  stoop-lines,  but  in  no  case 
to  extend  beyond  5 feet  from  the  house-line,  and  shall  be  guarded  by 
iron  railings  or  rods  to  prevent  accidents  to  passersby.  (C.  O.  § 263.) 

That  hoistways  should  be  inclosed  and  guarded  by  a railing  is  reasonable.  Mayor 
V.  Williams,  15  N.  Y.  502.  See  cases  cited  under  § 140  for  obstructions. 

§ 149.  Stands  within  stoop-lines  and  under  elevated  railroad  sta- 
tions.— 1.  General  provisions.  No  person  shall  have  or  use  any 
bootblack  stand  outside  of  any  building,  and  there  shall  be  no  booth 
or  stand  erected  or  maintained  within  the  stoop-lines  of  any  building, 
or  under  the  stairs  of  the  elevated  railroad  stations,  without  first 
procuring  a license  therefor,  as  hereinafter  provided.  (C.  O.  § 361.) 

2.  Licenses.  Stands  within  stoop-lines  may  be  permitted  and 
licensed,  with  the  consent  of  the  owner  of  the  abutting  premises,  for 
the  sale  of  newspapers,  periodicals,  fruits  and  soda  water  and  the 
blacking  of  boots.  All  licenses  for  such  stands  shall  be  granted  and 
issued  by  the  commissioner  of  licenses,  for  a term  of  one  year  from  the 
date  thereof,  unless  sooner  suspended  or  revoked  by  the  commis- 
sioner. Any  person  desiring  to  erect  a stand  or  booth  for  the  sale  of 
newspapers  and  periodicals  underneath  the  stairs  of  any  of  the 
elevated  railroad  stations,  shall  file  an  application  in  the  department 
of  licenses,  in  which  the  applicant  shall  specify  the  location  for  such 
stand.  (C.  O.  § 362.) 

3.  Conditions.  Every  license  granted  pursuant  to  this  section  for 
a stand  under  the  stairs  of  an  elevated  railway  station  shall  contain 
the  following  reservation:  ^Ht  is  expressly  agreed  and  understood 
that  this  permit  is  given  subject  to  the  right  of  the  elevated  railway 
company  affected,  its  agents,  employees,  successors  or  assigns,  or  the 
owner  of  said  stairway,  at  any  time  properly  to  inspect,  paint,  repair, 
renew,  reconstruct  or  remove  said  stairway,  or  any  portion  thereof. 


STREETS 


m 


and  without  claim  on  the  part  of  said  licensee,  as  against  said  com- 
pany, its  agents,  employees,  successors  or  assigns,  or  the  owner  of 
said  stairway,  for  damages  to  or  interference  with  said  booth  or  stand, 
or  the  business  therein  conducted,  occasioned  by  such  inspection, 
painting,  repair,  renewal,  reconstruction  or  removal.”  (C.  O.  § 366.) 

4.  License  fees.  The  annual  license  fee  for  a stand  under  the 
stairs  of  an  elevated  railway  station  shall  be  $10.  All  stands  within 
the  stoop-line  shall  be  classified,  and  the  annual  license  fee  therefor 
shall  be  fixed  and  collected  as  specified  in  the  schedule  following: 

(a)  Stands  for  the  sale  of  newspapers,  periodicals,  or  both,  $5: 

(b)  Stands  for  the  sale  of  fruits,  or  soda  water  or  both,  $10; 

(c)  Stands  for  the  sale  of  newspapers,  periodicals  or  both,  and  also 
fruits  or  soda  water  or  both,  $15; 

(d)  Bootblack  stands,  each  chair,  $5. 

No  license  fee  shall  be  required  for  stands  within  stoop-lines  for  the 
sale  of  newspapers,  periodicals  or  both,  in  cases  when  such  stands  are 
conducted  by  dealers  who  are  the  owners  or  occupants  of  the  premises 
or  stores  in  front  of  which  the  same  are  situated.  (C.  O.  §363  as 
amend.) 

5.  Construction  of  stand  or  booth.  No  stand  or  booth  under  the 
stairs  of  an  elevated  railway  station  and  no  projection  therefrom, 
shall  be  erected  that  is  wider  than  the  width  ofithe  stairs  under  which 
it  is  placed,  nor  that  extends  along  the  sidewalk  a greater  distance 
than  to  a point  where  the  under  surface  of  the  stairs  is  not  over  7 feet 
from  the  level  of  the  sidewalk.  The  stand  shall  be  constructed, 
erected  and  maintained  at  the  expense  of  the  applicant,  under  the 
direction  of  the  president  of  the  borough  in  which  it  is  located,  and 
upon  plans  to  be  approved  by  the  chief  engineer  of  the  elevated 
railroad  company  affected,  so  as  to  permit  of  a ready  removal  of  so 
much  thereof  as  may  be  necessary  to  enable  the  said  company,  its 
agents  or  employees,  to  get  convenient  access  to  any  part  of  the 
stairways,  for  the  purpose  of  inspecting,  painting  or  repairing  the 
same.  Each  such  stand  shall  be  painted  the  same  color  as  the  stairs 
of  the  elevated  railroad,  and  no  advertisement  shall  be  painted  or 
displayed  thereon.  (C.  O.  § 365,  amend.  March  14,  1914.) 

6.  Restrictions: 

(a)  Every  stand,  other  than  a stand  or  booth  under  the  stairs  of  an 
elevated  railway  station,  must  be  strictly  within  the  stoop  line,  and 
shall  not  be  an  obstruction  to  the  free  use  of  the  sidewalk  by  the 
public.  It  shall  not  exceed  the  space  of  10  feet  long  by  4 feet  wide; 
except  that,  in  the  case  of  bootblack  stands,  a space  not  more  than 
3 feet  wide  and  4 feet  long  may  be  occupied  by  each  chair  of  the 
stand.  The  enforcement  of  the  provisions  of  this  paragraph  is  hereby 
suspended  until  October  1,  1915,  in  the  case  of  stands  erected  and 
maintained  prior  to  March  14,  1914,  where  the  restriction  of  the 
dimensions  of  the  stands  would,  in  the  opinion  of  the  commissioner, 
entail  a severe  burden  on  the  owners  thereof,  but  this  provision  shall 
not  be  construed  to  permit  the  erection  of  any  new  stand  of  dimen- 
sions exceeding  those  hereinbefore  specified ; 

(b)  No  person  shall  be  permitted  to  sleep  in  any  portion  of  a stand ; 
nor  to  hold  more  than  one  license; 

(c)  No  bootblack  stand  shall  be  provided  with  more  than  3 chairs. 
(C.  O.  § 364.) 


308  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

7.  Licenses  to  he  displayed.  The  license  for  a stand  or  booth,  issued 
under  any  provision  of  this  section,  must  be  displayed  thereon,  so 
as  to  be  easily  visible  at  all  times. 

8.  Licenses  not  transferable.  No  license  issued  under  any  provision 
of  this  section  shall  be  transferable,  with  or  without  consideration. 
Any  license  transferred  to  another  person  shall  immediately  there- 
upon cease  and  determine,  and  the  privileges  thereunder  come  to 
an  end;  provided  that  the  commissioner  of  licenses  may  transfer  a 
license  to  another  location  for  the  period  of  its  unexpired  term,  in 
case  the  application  for  such  transfer  shall  be  accompanied  by  the 
consent  of  the  owner  of  the  premises  to  which  the  proposed  transfer 
is  to  be  made.  Any  person  who  shall  be  guilty  of  a violation  of  the 
provisions  of  this  subdivision  shall  not  thereafter  be  granted  a li- 
cense, permit  or  other  privilege  to  keep  a stand  within  the  stoop-lines, 
or  under  an  elevated  railroad  station,  for  the  sale  of  newspapers, 
or  periodicals,  or  both;  of  fruits  or  sodawater,  or  both;  or  of  any 
of  the  foregoing  items,  nor  for  the  blacking  of  boots.  Further,  any 
person  found  guilty  of  violating  any  provisions  of  this  section,  by  a 
court  of  competent  jurisdiction  shall  be  subject  to  a fine  of  not  less 
than  $50  nor  more  than  $500.  The  commissioner  of  licenses  shall 
have  the  language  of  this  subdivision  printed  in  bold  type  on  all 
applications  for  licenses  and  on  all  licenses  granted,  under  the  pro- 
visions of  this  article.  (C.  O.  § 364  and  § 372a.) 

9.  Revocation  of  consent  of  property  owner.  Upon  the  written  rev- 
ocation by  the  owner,  in  front  of  or  adjoining  whose  property  any 
such  booth  or  stand  shall  have  been  erected,  of  any  consent  that  shall 
have  been  given  therefor,  signed  by  such  owner  or  owners  and  filed 
in  the  office  of  the  commissioner  of  licensed,  the  commissioner  shall  re- 
voke the  license  or  permit  for  such  booth  or  stand,  and  the  same  shall 
thereupon  cease,  determine  and  become  null  and  void.  (C.  O.  § 372.) 

10.  Report  to  police  department.  The  commissioner  of  licenses 
shall  furnish  the  police  commissioner  with  a list  of  all  unexpired 
licenses  issued  under  any  provision  of  this  section,  containing  the 
names  of  all  persons  to  whom  licenses  have  been  issued,  the  place 
and  business  for  which  issued  and  the  date  of  the  expiration  of  each 
license.  Thereafter,  during  the  first  week  of  each  month,  the  police 
commissioner  shall  send  to  each  police  precinct  commander  a list 
of  all  such  licenses  issued  in  his  precinct,  which  shall  contain  the 
name  of  each  licensee,  the  location  of  his  stand  or  business  and  the 
date  of  the  expiration  of  his  license,  and  also  a list  of  all  licenses  ex- 
piring during  the  month  for  which  the  report  is  sent.  (C.  O.  § 371.) 

Section  50  of  the  Greater  New  York  Charter,  L.  1901,  ch.  466,  provides  as  fol- 
lows: “The  Board  of  Aldermen  shall  not  have  power  to  authorize  the  placing  or 
continuing  of  any  encroachments  or  obstruction  upon  any  street  or  sidewalk,  except 
the  temporary  occupation  thereof  during  the  erection  or  repairing  of  a building 
on  a lot  opposite  the  same,  nor  shall  they  permit  the  erection  of  booths  and  stands 
within  stoop-lines,  except  for  the  sale  of  newspapers,  periodicals,  fruit  and  soda- 
water,  and  with  the  consent  in  such  cases  of  the  owner  of  the  premises.”  It  then 
provided  no  special  ordinances  should  be  passed,  but  that  all  ordinances  should 
be  general.  Stands  within  the  stoop-lines  were  first  authorized  by  ch.  418,  Laws 
1887,  and  ch.  115,  Laws  1888,  for  the  sale  of  newspapers,  periodicals,  fruit  and  soda- 
water.  These  acts  amended  subdivision  3 of  section  86  of  the  Consolidation  Act. 
L.  1882,  ch.  410.  By  ch.  718  of  Laws  1896,  this  was  further  amended  so  as  to  in- 
clude bootblacks.  The  original  charter  of  1897  (sec.  49),  omitted  boot-black- 
stands  among  those  allowed,  and  by  the  revision  of  1901  (supra),  boot-black  stands 
were  further  omitted  from  the  list  of  stands  permitted. 


STREETS 


309 


The  charter  therefore  omitted  the  old  provisions  of  the  Consolidation  Act,  as 
amended  in  1896,  which  authorized  boot-black  stands,  but  held,  in  People  ex  rel. 
Pumpkyansky  v.  Keating,  168  N.  Y.  390,  such  omission  was  not  a repeal. 

The  Common  Council  may  authorize  stands  within  the  stoop-line.  People  ex  rel. 
Weeks  v.  New  York,  1 N.  Y.  Supp.  95;  and  around  the  public  markets.  Ely  v. 
Campbell,  59  How.  Pr.  333.  The  right  of  the  public  to  the  use  of  the  highway 
from  “side  to  side  and  end  to  end”  is  well  established  from  the  earliest  reported 
cases  under  the  common  law  to  the  present  time,  and  while  this  right  of  the  public 
is  preserved  by  section  50  in  general,  still  stands  may  be  lawfully  permitted  within 
the  limits  prescribed.  People  v.  Keating,  supra.  The  legislature,  by  virtue  of  its 
general  control  over  streets  and  highways,  has  the  power  to  authorize  structures 
in  the  streets  for  the  convenience  of  business  that  otherwise  and  under  the  common 
law  would  be  held  to  be  encroachments  and  obstructions.  This  power  it  may  dele- 
gate to  the  governing  body  in  a municipal  corporation.  Hoey  v.  Gilroy,  129  N.  Y. 
132.  It  is  essential  that  the  owner  of  adjoining  premises  should  consent,  as  other- 
wise the  stand  would  be  a nuisance  as  to  him. 

See  authorities  cited  under  § 140  as  to  obstructions. 

§ 150.  Storm-doors. — Storm-doors  not  exceeding  10  feet  in  height, 
nor  more  than  2 feet  wider  than  the  doorway  or  entrance  of  any 
building,  may  be  temporarily  erected  within  the  stoop-lines;  pro- 
viding a permit  therefor  shall  have  been  obtained  from  the  borough 
president  having  jurisdiction;  but  in  no  case  shall  any  storm-door 
extend  more  than  6 feet  outside  the  house-line.  No  structure  under 
the  name  of  ‘‘storm-door”  shall  be  lawful  which  shall  practically 
be  an  extension  of  the  building  front  or  house  front  within  the  stoop- 
line, or  an  enlargement  of  the  ground  floor  of  any  premises. 

As  to  storm-doors,  see  Kiernan  v.  Newton,  20  Abb.  N.  C.  398.  In  an  applica- 
tion for  an  injunction  to  restrain  the  public  authorities  from  tearing  down  a storm- 
door,  the  burden  is  on  plaintiff  to  show  he  is  there  lawfully.  Kirkpatrick  v.  City 
of  New  York,  Amend.  J..  N.  Y.  Law  Journal,  Dec.  3,  1903. 

§ 151.  Removal  of  obstructions  and  incumbrances. — 1.  Jurisdiction. 
Except  as  otherwise  specifically  provided  in  this  chapter,  each 
borough  president  is  empowered  to  direct  the  removal  of  any  article 
or  thing  whatsoever  which  may  incumber  or  obstruct  any  street 
or  public  place  within  his  jurisdiction.  (C.  O.  § 94  revised.) 

See  sec.  383  of  the  Greater  New  York  Charter,  subdivision  6,  where  the  President 
of  the  Borough  is  given  “cognizance  and  control  ...  6.  Of  the  removal  of 
incumbrances,”  and  sec.  50  of  the  Charter,  where  the  Board  of  Aldermen  is  given 
“power  ...  to  prevent  encroachments  upon  and  obstructions  to  the  streets 
and  to  authorize  and  require  their  removal  by  the  proper  officers.”  This  work  for 
many  years  has  been  under  the  immediate  direction  of  the  “Bureau  of  Incum- 
brances.” This  name  is  kept  in  use  for  convenience.  The  Revised  Ordinances  of 
1880,  under  chapter  6,  use  it  as  the  heading  for  article  IV,  which  includes  the  various 
ordinances  forbidding  incumbering  the  streets.  In  the  City  Ordinances  of  1859, 
where  the  eight  bureaux  of  the  Street  Department  are  explicitly  enumerated  and 
defined  (sec.  2,  art.  1,  chap.  IV),  no  mention  is  made  of  a “Bureau  of  Incum- 
brances,” although  the  department  is  given  cognizance  of  “the  removing  incum- 
brances for  streets,  roads,  places,  wharves,  piers  and  slips.”  (Id.,  sec.  1.)  The 
Bureau  was  explicitly  authorized  by  the  Consolidation  Act  (chap.  410,  L.  1882, 
sec.  317,  subdiv.  8).  The  powers  given  him  as  above  are  very  great.  The  Charter 
gives  the  Street  Cleaning  Commissioner  (sec.  545)  power  to  remove  certain  movable 
property  found  in  the  streets.  The  terms  of  this  section  (545)  and  of  547  are  so 
broad  as  to  be  somewhat  confusing,  for  they  apparently  give  the  Street  Cleaning 
Commissioner  power  to  remove  all  “incumbrances,”  although  intended,  however, 
to  be  limited  to  those  relating  to  cleaning  the  streets.  Where  an  officer  fails  to 
remove  incumbrances  mandamus  lies  to  compel  him.  See  notes,  sec.  140. 

2.  Corporation  yards. 

Manhattan: 

(a)  So  much  of  the  space  under  the  Manhattan  bridge,  located 
at  the  southwest  corner  of  Pike  and  Cherry  sts.,  and  bounded  by 
the  bridge  anchorage.  Cherry  and  Pike  sts.  and  private  property, 
and  a line  to  be  drawn  parallel  with  Pike  st.,  from  the  nearest  point 


310  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

of  private  property  to  the  nearest  point  of  the  anchorage,  in  the 
borough  of  Manhattan,  is  hereby  designated  as  a corporation  yard 
for  use  by  the  president  of  the  said  borough; 

(b)  So  much  of  the  space  under  the  Manhattan  bridge,  between 
Madison  and  Monroe  sts.,  in  the  borough  of  Manhattan,  is  designated 
as  a corporation  yard  for  use  by  the  president  of  the  said  borough. 

The  jurisdiction  over  the  corporation  yards,  except  such  as  are 
or  shall  be  established  by  the  commissioner  of  street  cleaning,  is 
vested  in  the  respective  borough  presidents. 

3.  Redemption  of  articles  removed.  Except  as  otherwise  provided 
in  this  article,  all  articles  removed  from  a street  or  public  place 
under  this  section,  may  be  redeemed  by  the  owner  upon  his  paying 
to  the  borough  president,  for  the  use  of  the  city,  the  necessary  ex- 
penses of  removal,  together  with  6 cents  per  day  for  each  cart-load 
thereof  during  the  time  it  shall  remain  unclaimed. 

4.  Reimbursement  for  expenses  of  removal.  Each  borough  president 
shall,  between  the  1st  and  10th  days  of  February,  May,  August 
and  November,  and  at  any  other  time  he  may  designate,  in  each 
year,  advertise  and  sell,  at  public  auction,  all  such  articles  so  re- 
moved as  shall  have  been  in  the  public  yard,  or  other  suitable  place, 
one  month  prior  to  the  time  of  advertising;  and  he  shall,  immediately, 
after  such  sale,  account  for  and  pay  the  proceeds  thereof  into  the 
city  treasury. 

5.  Records  and  accounts.  Each  borough  president  shall  enter  m a 
book  to  be  provided  for  that  purpose,  a list  of  all  articles  removed, 
under  the  authority  of  this  section,  with  the  time  of  removal  and 
the  expenses  thereof;  and,  when  any  of  the  same  shall  be  redeemed, 
he  shall  likewise  enter  therein  the  name  of  the  person  redeeming 
the  same  and  the  amount  received  therefor,  and  shall  render  a cer- 
tified account  thereof  to  the  comptroller  on  Thursday  of  each  week, 
and  shall  thereupon  pay  over  the  amount  so  received  to  the  cham- 
berlain. He  shall  also  thereupon  receive  from  the  chamberlain 
duplicate  vouchers  for  the  payment  thereof,  one  of  which  he  shall, 
on  the  same  day,  file  in  the  office  of  the  comptroller. 

§ 152.  Vehicles,  merchandise  and  other  movable  property.  1.  Must 
not  be  left  in  street.  No  person  being  the  owner  or  the  agent,  or  the 
employee  of  the  owner  of  any  truck,  cart,  wagon  or  other  vehicles, 
or  of  any  box,  barrel,  bale  of  merchandise,  or  other  movable  property, 
shall  leave,  or  suffer  or  permit  to  be  left  such  vehicle,  merchandise 
or  other  movable  property  upon  any  public  street,  except  upon 
such  portion  of  any  marginal  street  or  wharf  or  place  as,  by  the  pro- 
visions of  the  charter,  is  committed  to  the  custody  and  control  of 
the  commissioner  of  docks,  nor  shall  any  person  erect  or  cause  to  be 
erected  any  shed,  building  or  other  obstruction  upon  any  street. 
In  case  of  an  accident  to  a truck,  cart,  wagon  or  other  vehicle,  the 
owner  or  driver  thereof,  if  it  be  disabled  by  such  accident,  shall 
be  allowed  a reasonable  time,  not  exceeding  3 hours,  to  remove  it. 

2.  Removal  of  such  obstructions.  The  commissioner  of  street  clean- 
ing shall  remove,  or  cause  to  be  removed,  all  unharnessed  trucks, 
carts,  wagons  and  vehicles  of  any  description,  found  in  any  public 
street  or  public  place,  and  also  all  boxes,  barrels,  bales  of  merchandise 
and  other  movable  property  found  upon  any  public  street,  or  place, 
not  including,  however,  any  portion  of  marginal  street,  or  place,  or 


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311 


wharf  which,  by  the  provision  of  any  law  or  statute,  is  committed  to 
the  custody  and  control  of  the  commissioner  of  docks.  The  com- 
missioner of  street  cleaning  is  hereby  authorized,  with  the  consent 
and  approval  of  the  board  of  sinking  fund  commissioners,  to  lease  a 
suitable  yard  or  yards  to  which  trucks,  carts,  wagons  and  vehicles, 
boxes,  bales,  barrels  and  other  things,  removed  under  the  authority 
of  this  section,  shall  be  taken. 

3.  Reimbursement  for  expenses  of  removal.  The  street  cleaning 
commissioner  shall,  from  time  to  time,  as  often  as  he  shall  deem 
necessary,  sell,  or  cause  to  be  sold,  as  hereinafter  provided  at  public 
auction,  at  such  yard  or  yards,  the  said  trucks,  carts,  wagons, 
vehicles,  boxes,  barrels  and  other  things  so  removed.  Whenever  the 
commissioner  or  deputy  commissioner  shall  have  removed  or  caused 
to  be  removed  any  such  trucks,  carts,  wagons,  vehicles,  boxes,  bar- 
rels, bales  or  other  things,  and  shall  deem  it  necessary  to  sell  them, 
and  before  making  the  sale  thereof,  he  shall  file  with  a justice  of  the 
municipal  court  of  the  city,  a written  petition,  verified  by  oath, 
setting  forth  the  facts  which  bring  the  case  within  this  section, 
together  with  a brief  description  of  each  of  the  trucks,  carts,  wagons, 
vehicles,  boxes,  barrels  or  other  things  so  removed  in  his  custody  and 
possession  as  street  cleaning  commissioner  at  the  time  of  filing  such 
petition,  stating  either  the  name  of  the  owner  or  that  his  name  is  not 
known  to  the  petitioner,  and  cannot  be  ascertained  with  reasonable 
diligence,  and  praying  for  a final  order,  directing  the  sale  of  the  prop- 
erty so  seized  or  removed,  and  the  application  of  the  proceeds 
thereof,  as  herein  prescribed.  Upon  the  presentation  of  the  petition 
the  justice  must  issue  a precept  under  his  hand,  directed  to  the  per- 
sons whose  names  appear  in  the  petition  as  owners,  if  stated  in  the 
petition,  or  if  not  stated,  directed  generally  to  all  persons  having  any 
interest  in  the  property  so  seized  and  removed,  and  briefly  reciting  in 
substance  the  other  facts  stated  in  the  petition  and  requiring  the 
person  or  persons  to  whom  the  precept  is  directed  to  show  cause 
before  a justice  of  the  said  court  at  a time  and  place  specified  therein, 
not  less  than  10  nor  more  than  20  days  after  the  issuing  of  the  precept, 
why  the  prayer  of  the  petition  should  not  be  granted.  The  precept 
shall  be  served  by  posting  a copy  thereof  in  at  least  two  public  and 
conspicuous  places  in  the  city,  one  of  which  shall  be  the  office  of  the 
said  commissioner  of  street  cleaning,  and  the  second  of  which  shall  be 
the  yard  to  which  the  property  shall  have  been  removed,  and  a copy 
of  which  precept  shall  be  so  posted  within  3 days  after  the  precept 
shall  have  been  issued.  A brief  abstract  of  the  precept  shall  be  pub- 
lished in  the  City  Record  and  corporation  newspapers  within  5 days 
after  the  issue,  and  not  later  than  3 days  before  the  return  day  men- 
tioned in  the  precept.  At  the  time  and  place  when  the  precept  is 
returnable,  the  commissioner  must  furnish  proof  of  the  service  of 
said  precept  as  herein  prescribed  and  any  person  named  in  the  petition 
and  precept  or  otherwise,  having  an  interest  in  the  property  seized, 
may  appear  on  the  return  day  of  the  precept  and  make  himself  a 
party  to  the  proceeding  by  filing  a written  answer,  subscribed  by 
him  or  his  attorney  and  verified  by  the  oath  of  the  person  sub- 
scribing it,  denying  absolutely,  or  upon  information  and  belief,  one  or 
more  material  allegations  in  the  petition,  and  setting  forth  his  interest 
in  the  property  seized.  The  subsequent  proceedings  before  the 


312  CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

justice  shall  be  the  same  as  in  an  action  in  the  municipal  court  where 
an  issue  of  fact  has  been  joined,  and,  if  the  decision  of  the  justice  is  in 
favor  of  the  petitioner,  the  justice  must  make  a final  order,  the  same 
as  though  no  appearance  or  trial  were  had,  except  to  recite  the 
appearance  and  trial  before  him.  If  no  person  appears  and  answers, 
the  justice  shall  make  a final  order  directed  to  the  commissioner  of 
street  cleaning,  commanding  him  to  sell  at  public  auction  all  of  the 
property  seized  and  described  in  the  petition,  at  the  yard  to  which 
said  property  was  removed,  for  the  best  price  which  he  can  obtain 
therefor.  Before  making  any  such  sale,  the  said  commissioner  or 
deputy  commissioner  shall  give  public  notice  in  the  City  Record  and 
corporation  papers,  as  by  this  act  prescribed,  not  later  than  3 days 
before  the  day  of  such  sale,  and  such  notice  of  sale  shall  specify  the 
time  and  place  of  such  sale,  and  shall  contain  a general  description  of 
the  property  to  be  sold,  but  no  particular  description  of  any  article 
shall  be  contained  therein.  The  sale  shall  be  made  at  the  time  and 
place  specified  in  said  notice  of  sale  by  the  commissioner  or  a deputy 
commissioner  of  his  department,  or  by  an  auctioneer,  designated  for 
such  sale  by  the  commissioner.  Immediately  after  the  sale,  the 
commissioner  shall  pay  to  the  comptroller  the  proceeds  thereof,  and 
shall,  at  the  same  time,  transmit  to  the  comptroller  an  itemized 
statement  of  the  articles  sold,  with  the  price  received  for  each  article 
and  a certificate  of  the  costs  and  expenses  incurred  by  the  said  com- 
missioner in  making  such  condemnation  and  sales.  The  comptroller 
shall  credit  and  add  to  the  appropriation  for  the  department  of 
street  cleaning,  from  the  proceeds  of  such  sale,  the  amount  of  said 
costs  and  expenses  of  such  condemnation  and  sales  as  hereinbefore 
provided,  and  in  addition  thereto,  such  an  amount  for  each  incum- 
brance seized  or  taken,  condemned  and  sold,  as  hereinbefore  pro- 
vided, not  to  exceed  $10,  as  may  be  estimated  and  fixed  by  the 
commissioner  of  street  cleaning  as  necessary  to  pay  the  cost  of  seiz- 
ing, removing  and  keeping  or  storing  such  incumbrances;  and  the 
remainder  of  the  moneys  realized  from  such  sale  shall  be  paid  without 
interest,  to  the  lawful  owners  of  the  several  articles  sold.  Any  pay- 
ment to  a person  apparently  entitled  thereto,  under  the  provisions  of 
this  section,  shall  be  a good  defense  to  the  city  against  any  other 
person  claiming  to  be  entitled  to  such  payment;  but,  if  the  person 
to  whom  such  payment  is  made  is  not  in  fact  entitled  thereto,  the 
person  to  whom  the  same  ought  to  have  been  paid  may  recover  the 
same,  with  interest  and  costs  of  suit,  as  so  much  money  had  and 
received  to  his  use,  by  the  person  to  whom  the  same  shall  have  been 
paid. 

4.  Redemption  of  property  removed.  The  owner  of  any  truck,  cart, 
wagon,  vehicle,  box,  barrel,  bale  or  other  thing,  removed  from  any 
public  street  or  place  under  the  provisions  of  this  section,  may  redeem 
his  property  at  any  time  after  its  removal  upon  payment  to  the 
commissioner  of  street  cleaning  of  such  sum  as  he  may  fix,  not  to 
exceed  $10,  for  each  article  redeemed.  The  sum  thus  paid  shall  be 
immediately  transmitted  to  the  comptroller,  and  shall  be  by  him 
added  and  credited  to  the  appropriation  for  the  department  of  street 
cleaning,  and  may  be  used  by  the  commissioner  for  any  of  the  pur- 
poses of  his  department,  as  if  originally  included  in  the  appropriation 
therefor.  Nothing  in  this  section  contained  shall  be  deemed  to 


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313 


authorize  the  summary  removal  of  materials  for  any  public  work  or 
improvement  in  course  of  construction. 

5.  Temporary  obstruction  of  crossings.  No  person  shall  obstruct 
the  walks  laid  across  a public  street  or  at  the  head  of  a public  slip,  by 
placing  or  stopping  his  horse,  cart  or  other  carriage  upon  or  across 
any  of  the  said  walks,  or  by  placing  or  putting  any  other  obstruction 
or  other  thing  across  or  on  the  same. 

ARTICLE  14 

PROJECTIONS  AND  ENCROACHMENTS 

Sec.  160.  Areas,  steps,  courtyards  or  other  projections. 

§ 161.  Areas,  special  restrictions. 

§ 162.  Balustrades. 

§ 163.  Bay  windows,  show  windows. 

§ 164.  Cellar  doors  and  steps. 

§ 165.  Courtyards  on  private  property. 

§ 166.  Ornamental  projections. 

§ 167.  Porches,  platforms  and  stoops. 

§ 168.  Removal  of  unauthorized  projections  and  encroachments 
and  incumbrances. 

§ 169.  Notification  to  corporation  counsel. 

§ 170.  Violations. 

For  cases  and  authorities  relating  to  general  subject  of  encroachments  in  public 
streets  see  notes  to  § 140,  supra. 

Sec.  160.  Areas j steps,  courtyards  or  other  projections. — 1.  Pro- 
hihited.  No  areas,  steps,  courtyards  or  other  projections  shall  be 
built,  erected  or  made  upon  the  following  streets,  namely : 

(a)  Grand  Boulevard  and  Concourse  in  the  borough  of  The  Bronx, 
between  East  161st  street  and  Mosholu  parkway  or  upon  any  exten- 
sion of  the  same,  or  upon  the  transverse  roads  of  said  Boulevard  and 
Concourse,  at 

East  165th  street,  between  Grant  avenue  and  Gerard  avenue; 

East  167th  street,  between  Sherman  avenue  and  Gerard  avenue; 

East  170th  street,  between  Grant  avenue  and  Walton  avenue; 

Tremont  avenue,  between  Anthony  avenue  and  Morris  avenue; 

Burnside  avenue,  between  Ryer  avenue  and  Morris  avenue; 

Kingsbridge  road,  between  Valentine  avenue  and  Morris  avenue; 

Bedford  Park  boulevard,  between  Briggs  avenue  and  Jerome 
avenue; 

East  204th  street,  between  Mosholu  parkway  and  Jerome  avenue, 
or  upon  the  transverse  road  and  parkway  at  Belmont  street,  between 
Weeks  avenue  and  Townsend  avenue.  (Bronx  Ords.  § 11.) 

(b)  On  Coney  Island  avenue  from  the  Plaza  at  Parkside  avenue 
to  Neptune  avenue,  in  the  borough  of  Brooklyn.  (Brookl.  Ords. 
§ 14a.) 

(c)  On  Newkirk  avenue,  between  Flatbush  avenue  and  Coney 
Island  avenue,  in  the  borough  of  Brooklyn.  (Id.  § 72.) 

2.  Manhattan  restrictions.  No  areas,  steps,  courtyards  or  other 
projections,  except  show  windows,  not  exceeding  18  inches  in  width, 
and  signs  not  projecting  more  than  12  inches  from  the  house  line, 


314  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

shall  hereafter  be  built,  erected  or  made  upon  the  following  streets 
in  the  borough  of  Manhattan,  namely: 

(a)  Broadway,  south  of  59th  street.  (C.  O.  § 181.) 

(b)  Fourteenth  st.,  between  Broadway  and  Sixth  ave.  (C.  O.  183.) 

All  buildings  hereafter  erected  on  streets  named  in  this  paragraph 

shall  conform  to  and  be  upon  the  street  line  of  such  streets,  respec- 
tively. 

This  subdivision  continues  the  ordinance  approved  April  25,  1882.  It  with- 
draws all  stoop-line  privileges  on  Broadway  below  Fifth-ninth  street.  It  was 
made  necessary  by  the  rapidly  growing  population  of  the  metropolis  and  the  enor- 
mous crowds  who  use  the  Broadway  sidewalks.  The  ordinance  has  been  uphold 
in  a number  of  suits  to  recover  penalties  in  the  Municipal  Courts.  Where  the 
photographer  Marceau  claimed  that  a marquise,  or  awning  of  glass  and  steel,  on 
his  Broadway  place  was  not  a “projection”  within  the  terms  of  the  ordinance, 
held  the  ordinance  meant  to  forbid  all  projections  of  whatever  kind.  City  of  New 
York  V.  Otto  Sarony  Co.,  86  N.  Y.  Supp.  27. 

3.  The  Bronx  restriction.  No  areas,  steps,  courtyards  or  projec- 
tions, except  show  windows  not  exceeding  18  inches  in  width  and 
signs  not  projecting  more  than  12  inches  from  the  house  lines,  shall 
hereafter  be  built,  or  erected,  or  made  upon  the  following  streets 
in  the  borough  of  The  Bronx,  while  such  streets  remain  at  their 
present  width  of  50  feet,  respectively,  namely: 

(a)  Garfield  st.,  between  Morris  Park  ave.  and  West  Farms  road; 

(b)  Melville  st.,  between  Morris  Park  ave.  and  West  Farms  road; 

(c)  Van  Buren  st.,  between  Morris  Park  ave.  and  West  Farms  road; 

(d)  Victor  st.,  between  Unionport  road  and  Rhinelander  ave.; 

(e)  Adams  st.,  between  Bronx  Park  ave.  and  West  Farms  road. 
(Bronx  Ords.  §§  6-10.) 

4.  Brooklyn  restrictions.  No  person  or  persons  shall  erect  or  con- 
struct any  piazza,  veranda,  covered  or  enclosed  porch,  platform  or 
erection  other  than  stoops,  steps  or  platforms,  with  open  backs  and 
sides,  or  railings  not  to  exceed  7 feet  in  height,  or  to  extend  upon 
said  courtyards  more  than  7 feet,  or  of  a greater  width  than  is  neces- 
sary for  the  purpose  of  a convenient  passageway  into  houses  or 
buildings  to  which  the  same  shall  be  attached;  nor  shall  any  per- 
son or  persons  dig,  build  or  construct  any  area  into  said  courtyard, 
upon  the  following  streets  in  the  borough  of  Brooklyn,  namely: 

(a)  Bushwick  avenue  boulevard,  upon  the  20  feet  on  each  side 
thereof  set  apart  by  law  to  be  used  as  courtyards,  nor  shall  any  per- 
son erect  or  maintain  any  trough  or  basin  for  watering  horses  or 
any  other  animal,  either  on  the  sidewalk  or  in  a courtyard  of  the 
said  street.  (Brookl.  Ords.  § 71  amend.) 

5.  Flushing  and  Port  Richmond  restrictions.  No  person  or  persons 
shall  erect  or  maintain  any  stoop,  steps,  platform,  bay  window, 
cellar  door,  area,  stairway  into  a cellar  or  basement,  post,  or  erection 
or  projection  of  any  kind,  or  other  obstruction  or  incumbrance, 
in,  over  or  upon  any  street,  in  those  sections  of  the  city  formerly 
known  as  the  villages  of  Flushing  and  Port  Richmond,  respectively. 
(Flushing  Ords.  § 9.) 

6.  Long  Island  City  restrictions.  No  person  or  persons  shall  con- 
struct or  continue  any  platform,  stoop  or  step  in  any  street,  in  that 
section  of  the  city  formerly  known  as  Long  Island  City,  which  shall 
extend  more  than  one-tenth  part  of  the  width  of  the  street,  nor 
more  than  6 feet,  nor  with  any  other  than  open  backs  or  sides,  or 


STREETS 


315 


railing;  nor  of  greater  width  than  is  necessary  for  the  purpose  of  a 
convenient  passage-way  into  the  house  or  building;  nor  any  stoop 
which  shall  exceed  5 feet  in  height.  (L.  I.  City  Ords.  § 7.) 

§ 161.  Areas,  special  restrictions. — 1.  Extent  of  encroachment. 
No  area  in  the  front  of  any  building  shall  extend  more  than  one- 
fifteenth  part  of  the  width  of  any  street,  nor  in  any  case  more  than 
5 feet,  measuring  from  the  inner  wall  of  such  area  to  the  building; 
nor  shall  the  railing  of  such  area  be  placed  more  than  6 inches  from 
the  inside  of  the  coping  on  the  wall  of  such  area.  (C.  O.  § 180.) 

2.  Enclosure.  Every  area  shall  be  enclosed  with  a railing,  the  gates 
of  which  shall  be  so  constructed  as  to  open  inwardly.  (C.  O.  § 185.) 

The  penalty  was  cut  down  from  250  to  100  dollars  in  1896  and  is  now  governed 
by  § 170.  This  section  has  been  in  force  since  at  least  1821.  (See  Laws  of  City  of 
N.  Y.  1821,  p.  29.)  As  originally  used  the  ordinance  expressly  said  “no  areas  below 
the  surface  of  any  street,”  and  since  then  the  area  sections  have  always  been  in- 
cluded in  the  article  on  vaults. 

This  is  important  to  bear  in  mind,  as  the  style  of  construction  has  changed  so 
much  since  the  word  was  first  used.  The  tendency  of  the  public  has  been  to  assume 
there^was  an  “area  line”  up  to  which  point  much  latitude  in  building  was  shown. 
Areas  must  not  be  confused  with  courtyards,  however,  which  are  not  and  never 
were  permitted  except  under  special  circumstances  (see  §165).  In  the  earlier 
days  it  was  customary  to  grant  to  certain  streets  and  avenues,  by  special  ordinance, 
the  right  to  enclose  a courtyard  in  front  of  the  abutting  houses  with  light  iron 
railings.  But  such  courtyards  were  held  to  be  illegal  and  the  ordinances  void  in 
Lawrence  v.  Mayor,  etc.,  of  N.  Y.,  2 Barb.  577  (1848),  followed  in  124  App.  Div. 
847;  52  Misc.  222.  It  was  under  these  circumstances,  that  the  courtyards  were  con- 
structed in  Fifth  avenue,  42d  street,  34th  street,  23d  street,  etc.  For  example,  as 
to  Fifth  avenue,  between  23d  street  and  42d  street,  see  ordinance  passed  Septem- 
ber 30,  1844,  and  earlier  ones.  The  permission,  however,  was  revocable.  The  change 
of  those  streets  from  residential  to  business,  as  well  as  the  growth  of  the  city,  have 
made  the  local  conditions  entirely  different.  That  a reasonable  encroachment  on  a 
public  street  is  lawful  for  use  as  an  area,  was  sustained  in  City  of  Chicago  v.  Rob- 
bins, 67  U.  S.  418.  Where  The  City  of  New  York  sought  a preliminary  mandatory 
injunction  to  compel  the  removal  of  steps  extending  fifteen  feet  on  Fifth  avenue 
and  of  an  area  extending  fourteen  feet  on  34th  street,  denied.  City  of  New  York 
V.  Knickerbocker  Trust  Co.,  41  Misc.  17.  But  that  a good  cause  of  action  was 
alleged  in  the  complaint  sustained  in  same  case.  Scott,  J.,  N.  Y.  Law  Journal, 
Dec.  29,  1903;  aff’d  in  104  App.  Div.  223.  And  where  an  owner  sought  to  restrain 
the  municipal  authorities  from  removing  a porte-cochere  extending  out  fifteen  feet 
to  the  so-called  area  line  on  Fifth  avenue,  application  denied.  George  W.  Vander- 
bilt V.  City  of  New  York,  Blanchard,  J.,  N.  Y.  Law  Journal,  June  25,  1903.  Also, 
see  City  of  N.  Y.  v.  Knickerbocker  Trust  Co., 52  Misc.  222. 

An  area  built  as  prescribed  by  the  ordinances  is  legal  and  must  be  maintained 
by  the  owner  in  the  manner  prescribed  as  long  as  it  lasts.  Devine  v.  Nat  Wall 
Paper  Co.,  95  App.  Div.  194. 

See  also  Ackerman  v.  True,  175  N.  Y.  3.53,  McMillan  v.  Klaw  & Erlanger,  107 
App.  Div.  407  and  cases  cited  under  §§  140  in  Obstructions  and  Incumbrances. 

§ 162.  Balustrades. — 1.  Permit.  All  persons  who  wish  hereafter 
'•’to  erect  balustrades  beyond  the  street  line  shall  first  obtain  written 
permission  from  the  president  of  the  borough  having  jurisdiction. 
(C.  O.  § 249.) 

2.  Extent  of  encroachment.  No  balustrade  shall  hereafter  be  erected, 
excepting  from  the  second  story  of  any  house;  nor  shall  it  project 
more  than  one-twentieth  of  the  width  of  the  street  wherein  it  may 
be  erected,  nor  more  than  three  feet  in  any  case  whatever.  (C.  O. 
§ 250.) 

3.  Construction.  Iron  braces  and  railings  shall  be  used  for  balus- 
trades, the  strength  and  firmness  of  which  shall  be  tested  by  the 
superintendent  of  buildings  having  jurisdiction,  and,  in  case  he  ob- 
jects to  any  structural  defect  in  the  balustrade  it  shall  be  made  to 
conform  to  his  requirements  or  shall  be  removed.  (C.  O.  § 251.) 


31(3  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

4.  Merchandise  not  to  he  exposed  upon  balustrades.  No  goods, 
wares,  merchandise  or  manufactures  of  any  description  shall  be 
placed  or  exposed  to  show  or  for  sale  upon  any  balustrade  that  now 
is  or  hereafter  may  be  erected  upon  any  street.  (C.  O.  § 261.) 

§ 163.  Bay  windows,  show  windows. — 1.  Definition.  Unless  other- 
wise expressly  stated,  whenever  used  in  this  article  the  term  “bay 
window’^  shall  be  taken  to  mean  and  include  all  projections  on  the 
face  of  a building  in  the  nature  of  windows,  such  as  are  commonly 
called  bay  windows,  show  windows,  oriel  windows  and  bow  windows, 
without  regard  to  the  material  of  which  they  are  constructed  or 
to  the  purposes  for  which  they  are  to  be  used. 

2.  General  provisions.  Bay  windows  may  be  hereafter  erected 
with  a projection  of  not  more  than  3 feet  beyond  the  building  line; 
provided  that  when  the  projection  exceeds  1 foot  beyond  the  build- 
ing line  the  total  number  of  feet  in  width  occupied  by  all  the  bay 
windows  on  the  same  frontage  of  the  same  building  shall  not  exceed 
75  per  cent,  of  the  width  of  the  frontage  of  the  building  on  which 
they  are  located.  When  the  total  number  of  feet  to  width  occupied 
by  all  the  bay  windows  on  the  same  frontage  of  the  same  building 
exceeds  75  per  cent,  of  the  width  of  the  frontage  of  the  building  on 
which  they  are  located,  the  projection  shall  not  exceed  1 foot  beyond 
the  building  line,  nor  shall  the  bay  window  be  carried  higher  than 
the  sill  course  of  the  second-story  windows. 

3.  Permits.  The  borough  presidents  and  the  park  commissioners, 
having  jurisdiction,  may  issue  permits  for  the  erection  of  bay  windows 
projecting  beyond  the  building  line;  provided,  in  the  opinion  of  the 
officer  having  jurisdiction,  no  injury  will  come  to  the  public  thereby. 
Permits  for  the  erection  of  bay  windows  lying  within  any  park, 
square  or  public  place,  or  within  a distance  of  350  feet  from  the 
outer  boundaries  thereof,  shall  be  issued  by  the  park  commissioner 
having  jurisdiction,  as  provided  in  section  612  of  the  Charter,  as 
amended  by  section  1,  chapter  723  of  the  Laws  of  1901;  permits 
for  the  erection  of  all  other  bay  windows  shall  be  issued  by  the 
borough  president  having  jurisdiction.  All  such  permits  shall  be 
issued  in  duplicate,  one  of  which  shall  be  retained  by  the  applicant 
and  kept  at  the  building  during  the  erection  of  the  window,  and 
the  other  shall  be  filed  by  him,  with  the  plans  for  the  construction 
of  the  window,  in  the  appropriate  bureau  of  buildings. 

4.  Applications  for  permits.  Before  the  erection  of  any  bay  win- 
dow, projecting  beyond  the  building  line,  shall  have  been  commenced, 
the  owner  or  his  duly  authorized  agent  shall  make  application  in 
writing  to  the  officer  having  jurisdiction,  on  suitable  blanks  furnished 
by  him,  and  shall  state  the  length  and  width  of  the  proposed  bay 
window,  the  number  of  stories  through  which  it  is  intended  to  be 
carried,  and  the  number  of  square  feet  of  area  covered  by  that  por- 
tion of  the  bay  window  projecting  beyond  the  building  line.  Draw- 
ings, showing  the  size  of  and  area  covered  by  the  bay  window,  the 
number  of  stories  through  which  it  is  proposed  to  be  carried  and  its 
location,  in  reference  to  the  lot  and  building  lines,  shall  be  submitted 
with  each  application  and,  for  the  purpose  of  computing  the  area  cov- 
ered by  a bay  window  projecting  beyond  the  building  line,  the  out- 
side face  of  the  bay,  exclusive  of  cornices,  pilasters,  trims,  etc., 
shall  be  the  line  taken  as  a basis  of  computation. 


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317 


5.  Consent  of  adjoining  properly  owners.  Each  application  for 
the  erection  of  a bay  window,  projecting  more  than  1 foot  beyond 
the  building  line,  shall  have  indorsed  thereon  the  consent  of  all  the 
adjoining  property  owners  within  a distance  of  50  feet  from  the 
center  of  the  bay  window,  on  the  same  side  of  the  street;  meaning, 
thereby,  so  much  of  the  side  of  a street  as  is  unintersected  by  any 
other  street  on  which  it  is  proposed  to  be  erected. 

6.  Certificate  of  assessed  valuation.  Each  application  for  the  erec- 
tion of  a bay  window,  projecting  more  than  1 foot  beyond  the  build- 
ing line,  shall  be  accompanied  by  a certified  copy  of  the  last  assessed 
valuation  of  the  property  on  which  said  bay  window  is  to  be  erected, 
as  it  appears  upon  the  books  of  the  department  of  taxes  and  assess- 
ments. 

7.  Charge  for  privilege.  Each  application  under  this  section  shall 
be  accompanied  by  the  amount  of  the  compensation  due  the  city 
for  the  privilege  of  erecting  said  bay  window,  as  follows: 

(a)  Except,  as  hereinafter  provided,  the  amount  that  shall  be 
paid,  as  a compensation  to  the  city  for  the  privilege  of  erecting  each 
bay  window,  shall  be  at  the  rate  of  10  per  cent,  of  the  assessed  value 
per  square  foot  of  the  property  on  which  the  said  bay  window  is 
to  be  erected,  for  each  and  every  square  foot,  or  fraction  thereof 
of  area  covered  by  said  bay  windo'w  beyond  the  building  line,  for 
each  and  every  story  through  which  it  is  carried; 

(b)  If  the  projection  of  a bay  window  does  not  exceed,  1 foot  be- 
yond the  building  line,  and  is  not  carried  higher  than  the  sill  of  the 
second-story  windows,  the  rate  shall  be  10  cents  for  each  square  foot 
or  fraction  thereof  of  horizontal  area  covered  by  the  bay  window 
beyond  the  building  line; 

(c)  If  it  shall  appear,  upon  completion,  that  the  bay  window  oc- 
cupies a greater  number  of  square  feet,  or  has  been  carried  through  a 
greater  number  of  stories  than  shall  have  been  paid  for,  the  appli- 
cant shall  pay  twice  the  sum  previously  paid  for  each  square  foot 
of  area  occupied  by  said  bay  window,^  over  and  above  the  number  of 
square  feet  paid  for  originally. 

All  fees  received  by  the  borough  presidents  or  the  park  commis- 
sioners for  the  issuing  of  permits  for  the  erection  of  bay  windows  shall 
be  accounted  for,  in  proper  books  kept  for  that  purpose,  and  shall 
be  turned  over  by  them  to  the  city  chamberlain  and  credited  to  the 
general  fund  for  the  reduction  of  taxation. 

8.  Continuance  of  existing  hay  windows.  A permit  for  the  continu- 
ance of  any  now  existing  bay  window  which  projects  beyond  the 
building  line  may  be  issued  by  the  officer  who,  according  to  sub- 
division 3 of  this  section,  has  jurisdiction  over  the  erection  of  bay 
window^  at  the  same  place.  Application  for  such  permit  shall  be 
in  writing,  and  must  be  accompanied  by  a certified  copy  of  the  last 
assessed  valuation  of  the  property  on  which  such  bay  window  stands, 
as  it  appears  upon  the  books  of  the  department  of  taxes  and  assess- 
nients,  and  must  also  be  accompanied  by  a survey,  showing  the 
dimensions  of  such  bay  window  and  the  number  of  stories  through 
which  it  is  carried.  The  application  shall  be  accompanied  by  the 
amount  of  the  compensation  due  the  city  for  the  privilege  of  con- 
tinuing the  bay  window,  calculated  in  the  same  manner  and  at  the 
same  rate  as  are  provided  in  subdivision  7 of  this  section.  Permits 


318  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

shall  be  issued  under  this  subdivision  without  consent  of  adjoining 
property  owners.  Permits  issued  under  this  subdivision  shall  be 
subject  to  all  of  the  provisions  of  subdivision  2 of  this  section,  in 
like  manner  as  are  permits  for  the  erection  of  bay  windows.  They 
shall  be  issued  in  duplicate,  and  one  of  such  duplicates  shall  be  filed 
in  the  appropriate  bureau  of  buildings.  All  fees  received  under  this 
subdivision  shall  be  accounted  for  and  paid  over  as  provided  in  sub- 
division 7 of  this  section.  Nothing  herein  contained  shall  be  con- 
strued to  revoke  any  permit  or  authority  heretofore  lawfully  issued 
or  given. 

9.  Reconstruction  of  existing  hay  windows.  Permits  for  the  re- 
construction of  existing  bay  windows,  as  defined  in  this  section, 
and  for  the  reconstruction  of  all  bay  windows  which  shall  be  here- 
after erected  under  the  provisions  of  this  section,  shall  be  issued 
by  the  officer  having  jurisdiction,  with  the  applicant’s  obtaining  the 
consent  of  adjoining  property  owners,  as  provided  in  subdivision  5 
of  this  section;  provided  that  the  window,  when  reconstructed, 
shall  have  no  greater  projection  or  width,  nor  be  carried  through  a 
greater  number  of  stories,  nor  cover  a greater  area,  than  the  window 
as  originally  constructed.  And,  further,  provided  that  no  fee  shall 
be  charged  for  the  reconstruction  of  a bay  window  which  has  been 
erected  under  the  provisions  of  any  ordinance,  or  for  which  a fee  has 
been  paid  for  the  privilege  of  erecting  the  same,  under  the  provisions 
of  the  laws  in  force  at  the  time  of  the  erection  of  the  window.  The 
restrictions  specified  under  subdivision  2 of  this  section  shall  not 
apply  to  the  reconstruction  of  existing  bay  windows;  but  permits 
issued  for  the  reconstruction  of  existing  bay  windows,  for  which 
no  fee  has  heretofore  been  paid,  shall  be  paid  for  as  provided  in  sub- 
division 7 of  this  section. 

10.  Building  Code  governs  all  constructions.  Nothing  contained 
in  this  section  shall  be  deemed  to  conflict  with  the  provisions  of 
the  Building  Code,  and  all  bay  windows  for  which  permits  are  issued, 
under  the  provisions  of  this  article,  shall  be  erected  in  accordance  with 
all  the  provisions  of  said  Code,  in  regard  to  the  kind  and  quality  of 
materials  used.  No  plans  for  the  construction  of  a bay  window,  as 
defined  in  this  section,  shall  be  approved  by  a superintendent  of 
buildings  until  the  permit  is  filed,  as  provided  by  subdivision  3 of 
this  section. 

11.  Permits  revocable.  Permits  granted  pursuant  to  the  provisions 
of  this  section  are  revocable  permits,  and  shall  have  the  following 
clause  printed  thereon,  viz.:  “This  permit  is  issued  subject  to  rev- 
ocation thereof  at  any  time  hereafter  by  the  Board  of  Aldermen 
or  the  Board  of  Estimate  and  Apportionment  of  The  City  of  New 
York,  upon  the  recommendation  of  the  officer  having  jurisdiction, 
when  the  space  occupied  by  said  bay  window,  or  any  portion  thereof, 
may  be  required  for  any  public  improvement,  or,  upon  any  viola- 
tion of  any  of  the  terms  or  conditions  upon  which  this  permit  is 
issued.” 

12.  Expired  permits.  A permit  for  the  erection  of  a bay  window 
shall  be  deemed  to  have  expired  when  the  bay  window  shall  have 
been  taken  down,  and  the  space  formerly  occupied  thereby  shall  no 
longer  be  used  for  the  purpose  for  which  the  permit  was  issued,  unless 
a permit  for  its  reconstruction  shall  have  been  granted,  as  provided 


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319 


in  subdivision  9 of  this  section.  In  case  it  is  thereafter  desired  to 
erect  a bay  window  on  the  said  property,  the  applicant  shall  comply 
with  all  the  provisions  of  this  section. 

This  section  is  taken  from  the  Ordinance  of  January  30,  1903. 

The  case  of  Williams  v.  Silverman  Construction  Co.,  Ill  App.  Div.  679,  ex- 
pressly holds  that  permits  granted  under  this  ordinance  are  invalid,  as  the  Board  of 
Aldermen  has  no  power  to  allow  permanent  encroachments  on  the  public  highways. 
But  see,  contra,  Broadbelt  v.  Loew,  15  App.  Div.  343,  aff’d  162  N.  Y.  642.  Sec- 
tion 86  of  the  Consolidation  Act  there  construed  has  been  practically  incorporated 
in  section  49  of  the  Charter.  The  Park  Commissioners  have  power  to  grant  permits 
for  bay  windows  which  project  beyond  the  building  line  but  within  the  stoop-line. 
Wormser  v.  Brown,  149  N.  Y.  163.  This  case,  however,  has  been  distinguished  in 
Ackerman  v.  True,  175  N.  Y.  353,  which  declares  permits  and  ordinances  allowing 
permanent  encroachments  on  the  public  streets  to  be  invalid.  Bay  windows  have 
always  been  allowed  in  the  city,  but  before  this  ordinance  they  were  limited  to  one 
foot.  (See  Laws  and  Ordinances  1793,  p.  17,  par.  13,  and  subsequent  compila- 
tions.) See  also  Acme  Realty  Co.  v.  Schinasi,  154  App.  Div.  397,  and  cases  cited 
under  § 140,  supra. 

§ 164.  Cellar  doors  and  steps. — 1.  Limit  of  projection  of  doors.  No 
person  shall  construct  or  continue  the  use  of  any  cellar  door  which 
shall  extend  more  than  one-twelfth  of  the  width  of  any  street,  nor 
more  than  5 feet  into  any  street.  (C.  O.  § 193.) 

In  1793  the  limit  was  one-fifteenth  of  the  street,  in  1808  this  was  changed  to  one- 
tenth,  and  in  1821  the  present  rate  of  one-twelfth  was  fived. 

2.  Porches  over  cellar  doors.  No  person  shall  hereafter  construct 
any  porch  over  a cellar  door.  (C.  O.  § 246.) 

3.  Safeguarding  cellar  steps.  Every  entrance  or  flight  of  steps, 
projecting  beyond  the  line  of  the  street  and  descending  into  any 
cellar  or  basement  story  of  any  house  or  other  building,  where  such 
entrance  or  flight  of  steps  shall  not  be  covered,  shall  be  inclosed 
with  a railing  on  each  side,  permanently  put  up,  from  3 to  33^  feet 
high,  with  a gate  to  open  inwardly,  or  with  2 iron  chains  across  the 
front  of  the  entranceway,  1 near  the  top  and  1 in  the  center  of  the 
railing,  to  be  closed  during  the  night,  unless  there  be  a burning  light 
over  the  steps,  to  prevent  accidents.  (C.  O.  § 194.) 

See  as  to  liability  of  landlord  or  tenant,  Schroeck  v.  Reeis,  46  App.  Div.  502; 
Brogan  v.  Hannan,  66  N.  Y.  Supp.  1066;  SturiPwald  v.  Schreiber,  69  App.  Div.  476. 

§ 165.  Courtyards  on  private  property. — In  all  cases  where  the 
owners  of  property  shall,  in  the  erection  of  dwellings,  set  the  same 
back  from  the  line  of  the  street  a distance  of  3 feet  and  upward,  for 
the  purpose  of  ornamental  courtyards,  they  shall  be  permitted,  for 
that  purpose,  to  inclose  with  a neat  railing,  in  addition  to  the  space 
receded  from,  so  much  of  the  sidewalk  in  front  as  is  allowed  by 
ordinance  for  stoops;  provided  the  gates  of  such  inclosure  shall  be  so 
constructed  as  to  open  inwardly. 

§ 166.  Ornamental  projections. — 1.  Definition.  For  the  purposes  of 
this  section  '^an  ornamental  projection”  shall  be  taken  to  mean  and 
include  all  decorative  projections  on  the  face  of  a building  beyond  the 
building  line,^  in  the  nature  of  porches,  arches,  porticos,  pedestals, 
free-standing  statuary,  columns  and  pillars,  which  are  erected  purely 
for  the  enhancement  of  the  beauty  of  the  building,  from  an  artistic 
standpoint. 

The  so-called  “Ornamental  Projection”  ordinance  of  Apr.  20,  1903,  was  expressly 
held  void  in  McMillan  v.  Klaw  & Erlanger,  107  App.  Div.  407.  Since  then  the 
courts  have  repeatedly  held  permanent  projections  and  encroachments  in  the 
streets  were  illegal.  City  of  N.  Y.  v.  Rice,  198  N.  Y.  131;  Harfield  v.  Strauss,  117 
App.  Div.  671;  People  ex  rel.  Cross  v.  Ahearn,  124  App.  Div.  840 


320  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


2.  Application  of  provisions  of  § 163.  Except  as  otherwise  specifi- 
cally provided  in  this  section,  all  the  provisions  of  § 163  of  this  article, 
relating  to  bay  windows,  save  those  of  subdivision  5 thereof,  shall 
govern  the  construction,  continuance  and  reconstruction  of  orna- 
mental projections,  in  the  same  manner  and  to  the  same  extent  as  if 
repeated  in  this  section. 

3.  Manhattan  limitations  and  restrictions.  Ornamental  projec- 
tions, which  shall  extend  not  more  than  2 feet  beyond  the  building 
line,  may  hereafter  be  erected  on  buildings  in  the  borough  of  Man- 
hattan, situated  on 

(a)  Broadway,  to  the  south  of  Fifty-ninth  street; 

(b)  Fourteenth  street,  between  Broadway  and  Sixth  avenue; 

(c)  Twenty-third  street,  between  Third  and  Sixth  avenues; 

(d)  Thirty-fourth  street,  between  Third  and  Ninth  avenues; 

(e)  Fifty-ninth  street,  between  Third  and  Ninth  avenues; 

(f)  Fifth  avenue,  between  Fourteenth  street  and  Fifty-ninth  street. 

On  all  other  streets  ornamental  projections  may  be  erected;  pro- 
vided they  shall  extend  not  more  than  one-fifteenth  part  of  the 
width  of  the  street  they  are  upon,  nor  in  any  case  more  than  5 feet 
beyond  the  building  line. 

§ 167.  Porches y platforms  and  stoops. — No  person  shall  construct 
or  continue  to  use  any  platform,  stoop  or  step  in  any  street  which 
shall  extend  more  than  one-tenth  part  of  the  width  of  the  street,  nor 
more  than  7 feet,  nor  with  any  other  than  open  backs  or  sides  or 
railings,  nor  of  greater  width  than  is  necessary  for  the  purpose  of  a 
convenient  passageway  into  the  house  or  building,  nor  any  stoop 
or  step  which  shall  exceed  5 feet  in  height.  Nothing  contained  herein, 
or  in  the  preceding  sections  of  this  article,  shall  be  deemed  to  pro- 
hibit the  continuance  of  porches,  doors,  stoops,  platforms  or  steps 
which  were  heretofore  erected,  unless  the  same  shall  be  complained 
of  to  the  board  of  aldermen,  which  may  direct  their  removal  or 
alteration  within  a reasonable  time.  (C.  0.  § 247,  248.) 

This  has  remained  practically  the  same  since  1821.  The  Laws  and  Ordinances 
of  1793  provided  (p.  12)  that  no  platforms,  stoop,  steps,  etc.,  should  extend  more 
than  one-tenth  part  of  the  width  of  the  street,  and  should  have  open  backs  and 
railings.  By  1817  there  was  added  the  limitation,  “nor  more  than  seven  feet  . . . 
and  for  the  mere  purpose  of  a passageway  into  the  houses  or  buildings.  See  Ordi- 
nances 1817,  par.  XII  of  Ch.  13.  In  the  Ordinances  of  1821  we  find  the  height 
limited  to  five  feet.  R.  O.,  1821.  See  note  under  sections  161  as  to  areas  and  en- 
croachments. Action  to  remove  nuisance  outside  stoop-line  not  allow  amendment 
to  include  structures  within  stoop-line.  City  of  N.  Y.  v.  Knickerbocker  T.  Co., 
121  App.  Div.  740.  See  notes  to  § 140,  supra. 

This  section,  with  verbal  changes,  such  as  the  substitution  of  Board  of  Aldermen 
for  the  Street  Commissioner,  has  been  contained  in  every  revision  of  the  ordinances 
since  1839.  “Porches”  and  “Doors”  are  named  as  the  earlier  ordinances  included 
them  in  the  preceding  sections  herein  referred  to. 

§ 168.  Removal  of  unauthorized  projections,  encroachments  and 
incumbrances. — The  president  of  the  borough  having  jurisdiction 
may  give  a written  or  printed  notice  to  the  owner  of  the  premises,  by 
service  upon  such  owner,  or  upon  the  occupant  of  the  premises,  re- 
quiring such  owner  to  remove  or  alter  any  unauthorized  projection, 
encroachment  or  incumbrance,  within  a period  to  be  specified  in  such 
notice,  which  shall  be  in  writing,  and  shall  be  served  personally,  or 
by  leaving  it  at  the  house  or  place  of  business  of  the  owner,  occupant 
or  person  having  charge  of  the  house  or  lot,  in  front  of  which  the 
projection,  encroachment  or  incumbrance  may  be,  or  by  posting  the 


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321 


said  notice  or  order  thereon.  At  any  time  after  the  expiration  of  the 
time  specified  for  that  purpose  in  the  notice,  if  such  encroachment, 
encumbrance  or  projection  shall  not  then  have  been  removed  or 
altered,  the  president  of  the  borough  may,  by  notice  or  order,  direct 
and  cause  such  encroachment,  incumbrance  or  projection  to  be  re- 
moved or  altered,  at  the  expense  of  the  owner  or  constructor  thereof, 
who  shall  be  liable  to  the  city  for  all  expenses  that  it  may  incur  by 
such  removal  or  alteration,  together  with  the  penalties  prescribed  by 
§ 170  of  this  article,  to  be  recovered  with  costs  of  suit.  (C.  O.  §§  221, 
222.) 

§ 169.  Notification  to  corporation  counsel. — The  president  of  each 
borough  shall  present  and  report  all  encroachments  on  the  streets, 
which  may  be  brought  to  his  notice,  to  the  corporation  counsel,  and 
shall  take  such  other  action  thereon  as  may  be  prescribed  by  ordi- 
nance in  relation  thereto.  (C.  O.  § 91.) 

§ 170.  Violations. — Any  person  who  shall  violate  any  of  the  provi- 
sions of  this  article  or  fail  to  comply  therewith,  or  any  requirement 
thereof,  or  who  shall  violate  or  fail  to  comply  with  any  oflficial  order  or 
regulation  made  thereunder,  or  who  shall  build  in  violation  of  any 
detailed  statement  or  specifications  or  plans  submitted  and  approved 
thereunder,  or  of  any  certificate  or  permit  issued  thereunder  shall,  for 
each  and  every  such  violation  and  non-compliance,  respectively, 
forfeit  and  pay  a penalty  in  the  sum  of  $50;  but  if  any  said  violation 
shall  be  removed  or  be  in  process  of  removal,  within  10  days  after 
the  service  of  a notice  made  and  served  as  prescribed  by  section  650 
of  chapter  5 of  this  ordinance,  the  liability  of  such  penalty  shall 
cease  and  the  corporation  counsel,  on  request  of  the  superintendent  of 
buildings  having  jurisdiction,  shall  discontinue  any  pending  action  to 
recover  the  same.  Any  person  who,  having  been  so  served  with  a 
notice  to  remove  any  violation,  or  to  comply  with  any  requirement  of 
this  article,  or  with  any  order  or  regulation  made  thereunder,  shall 
fail  to  comply  with  such  notice,  within  10  days  after  service  thereof, 
or  who  shall  continue  to  violate  any  requirement  of  this  article  in  the 
respect  named  in  the  notice,  shall  pay  a penalty  of  $250.  (Building 
Code,  § 150  changed  to  meet  C.  0.  §§  182, 184,  246.) 

ARTICLE  15 

SIDEWALKS 

Sec.  180.  Construction,  generally. 

§ 181.  Abutting  owners^  duties  and  responsibilities. 

§ 182.  Drains  across  sidewalks. 

§ 183.  Boardwalks. 

§ 184.  Carriageways  across  sidewalks. 

§ 185.  Property  owners  may  voluntarily  lay  sidewalks. 

§ 186.  Interference  with  sidewalks. 

§ 187.  Injury  to  or  defacement  of  sidewalks. 

§ 188.  Obstructions. 

§ 189.  Violations. 

Sec.  180.  Construction,  generally. — All  streets  of  22  feet  in  width 
and  upward,  shall  have  sidewalks  on  each  side  thereof,  the  width, 
21 


322  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

materials  and  construction  of  which  shall  fully  conform  to  standard 
specifications  for  such  work,  all  of  which  shall  be  prescribed  by  the 
borough  president  having  jurisdiction  and  kept  on  file  in  his  office. 
(New.) 

§ 181.  Abutting  property  owners'  duties  and  obligations. — 1.  Gen- 
erally. The  owner,  lessee  or  occupant  of  any  house  or  other  building 
or  vacant  lot  fronting  on  any  street,  shall,  at  his  charge  and  expense, 
well  and  sufficiently  pave,  according  to  this  ordinance,  and  keep  and 
maintain  in  good  repair,  the  sidewalks  and  curb  and  gutter  of  the 
street  in  front  of  such  house,  building  or  lot.  (C.  O.  § 129.) 

2.  Notice  to  regulate  and  pave  sidewalks.  When  any  street  shall 
have  been  paved,  and  a majority  of  owners  of  lots  on  the  same  block 
shall  have  regulated  and  paved  their  sidewalks,  the  president  of  the 
borough,  in  which  the  same  is  located,  shall  give  notice  to  the  owner, 
lessee  or  occupant  of  any  lot  in  front  of  which  the  sidewalks  shall  not 
be  paved,  to  regulate  and  pave  the  same  within  a certain  time  to  be 
designated  in  the  notice.  Upon  complaint  being  made  to  the  borough 
president  having  jurisdiction  thereof  that  any  sidewalk,  curb  or 
gutter,  is  not  paved  or  repaired  according  to  this  article,  he  may  cause 
a notice  to  be  served  upon  the  owner,  lessee  or  occupant,  of  any  house, 
building  or  vacant  lot  of  ground  fronting  thereon,  to  repair  or  relay, 
as  the  case  may  require,  such  sidewalk,  curb  or  gutter,  within  10  days 
after  the  service  of  such  notice.  (C.  O.  §§  127, 130.) 

3.  Construction  by  city,  reimbursement  by  assessment.  In  case  the 
owner,  lessee  or  occupant  shall  fail  to  lay,  repair  or  relay,  as  the  case 
may  require,  such  sidewalk,  curb  or  gutter,  within  the  time  required 
by  the  notice  and  otherwise  to  comply  therewith,  the  borough  presi- 
dent having  jurisdiction  is  hereby  authorized  and  required  to  lay 
or  relay  the  flagging,  and  set  or  reset  the  curb  and  gutter,  or  any  of 
such  work,  and  to  do  such  incidental  work  as  may  be  necessary 
properly  to  construct  or  repair  such  sidewalk,  and  to  certify  the  ex- 
pense thereof  to  the  board  of  assessors.  The  board  shall  make  a 
just  and  equitable  assessment  of  such  expense  among  the  owners 
or  occupants,  of  all  houses  or  lots  deemed  to  be  benefited  thereby, 
in  proportion,  as  near  as  may  be,  to  the  advantages  which  they  may 
be  deemed  to  have  acquired.  (C.  O.  § 131.) 

4.  Sidewalk  not  to  extend  beyond  owner's  frontage.  No  person  shall 
extend  the  sidewalk  before  his  lot  beyond  that  of  his  neighbor,  in 
any  street  where  the  same  is  not  yet  extended  to  the  width  allowed 
by  law;  but  this  provision  shall  not  be  construed  to  prevent  the 
extending  of  any  such  sidewalks  when  a majority  of  the  owners  of 
property,  on  the  same  side  of  the  street  and  between. the  two  nearest 
corners,  by  and  with  the  permission  of  the  president  of  the  borough 
in  which  said  street  is  located,  agree  to  and  do  extend  the  sidewalks 
in  front  of  their  respective  lots  of  ground  in  like  manner.  (C.  O. 
§§  119,  120.) 

§ 182.  Drains  across  sidewalks. — No  drain  from  any  building, 
structure,  enclosure  or  lot  of  ground  shall  hereafter  be  constructed 
across  the  surface  of,  or  through  or  under  a sidewalk,  unless  the 
material  or  materials,  dimensions  and  construction  thereof  shall 
fully  conform  to  standard  specifications  for  such  work,  all  of  which 
shall  be  prescribed  by  the  borough  president  having  jurisdiction  and 
kept  on  file  in  his  office.  (New.) 


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323 


§ 183.  Boardwalks. — No  board  or  plank  walk  shall  be  constructed 
or  laid  down  in  any  street,  without  the  written  permission  of  the 
borough  president  having  jurisdiction.  (Flushing  Ords.  § 5,  made 
general.) 

§ 184.  Carriageways  across  sidewalks. — 1.  General  regulations.  No 
person  shall  lower  the  curb  or  change  the  grade  of  a sidewalk  in 
front  of  any  building  owned  by  him,  for  the  purpose  of  providing 
a carriageway  across  such  sidewalk,  except  upon  complying  with 
the  following  conditions,  namely: 

(a)  Application  shall  be  made  in  writing  by  the  owner  to  the  presi- 
dent of  the  borough  within  which  such  premises  are  located; 

(b)  In  consideration  of  the  granting  of  such  permit,  the  borough 
president  having  jurisdiction  is  hereby  authorized  to  charge  a fee 
for  the  privilege,  to  cover  all  expenses  in  connection  with  the  inspec- 
tion of  the  alteration  of  the  sidewalk,  and  its  ultimate  restoration 
to  original  grade;  and  he  may  make  such  rules  for  its  proper  care 
and  cleaning  as  he  deems  desirable; 

(c)  Every  such  carriageway  shall  be  constructed  under  the  super- 
vision and  subject  to  the  direction  of  the  president  of  the  borough 
having  jurisdiction,  and  on  condition  that  upon  failure  to  comply 
with  all  the  terms  of  the  permit  the  privilege  may  be  revoked  and 
the  sidewalk  restored  to  its  original  grade,  at  the  expense  of  the  per- 
son, to  whom  the  permit  was  granted,  or  of  the  grantee  then  having 
title  to  the  abutting  property.  (C.  O.  § 530,  amend.) 

2.  Construction.  All  private  carriageways,  crossing  sidewalks 
shall  be  paved  with  granite,  bluestone  -or  artificial  stone,  and  not 
with  bricks  or  with  round  or  paving  stones.  (C.  O.  § 122.) 

3.  City  may  constraint  or  reconstruct  at  expense  of  owner.  In  case 
any  part  of  a private  carriageway  shall  not  be  paved,  repaved  or 
repaired  according  to  the  provisions  of  the  preceding  subdivision, 
thedDorough  president  having  jurisdiction  may  order,  in  writing, 
the  same  to  be  done  within  a time  mentioned  in  the  order.  At  the 
expiration  of  such  time,  the  work  may  be  done  under  the  direction 
of  the  borough  president,  and  the  expense  thereof  shall  be  a lien 
upon  the  lot  fronting  thereon.  (C.  O.  § 123.) 

§ 185.  Property  owners  may  voluntarily  lay  sidewalks. — Any  owner 
of  property  may  lay  a sidewalk  in  front  of  his  premises,  of  such 
material  and  in  such  a manner  as  may  be  prescribed  by  the  borough 
president  having  jurisdiction,  but  no  sidewalk  shall  be  so  laid  unless 
under  written  permit  issued  by  the  borough  president.  (New.) 

§ 186.  Interference  with  sidewalks. — No  sidewalks  or  any  part  of  a 
sidewalk  shall  be  taken  up  in  whole  or  in  part,  for  any  purpose  what- 
ever, without  the  written  permission  of  the  president  of  the  borough 
having  jurisdiction,  under  the  penalty  of  $25  for  each  offense;  but 
the  provisions  of  this  section  shall  not  apply  to  the  making  of  neces- 
sary repairs  to  any  such  sidewalk,  nor  to  the  resetting,  when  neces- 
sary, of  any  curb  or  gutter  stone  that  may  have  become  displaced, 
broken  or  sunken,  nor  to  the  necessary  repair  or  alteration  of  any 
coal  slide  under  a sidewalk.  (C.*  O.  § 121.) 

§ 187.  Injury  to  or  defacement  of  sidewalks. — 1.  Breaking  or  in- 
juring. No  person  shall  break  or  otherwise  injure  any  sidewalk  or 
footpath  under  the  penalty  prescribed  by  § 189  of  this  article;  pro- 
vided that  such  penalty  shall  not  accrue  in  case  of  an  accidental 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


breaking  of  or  injury  to  a sidewalk,  which  is  repaired,  to  the  satisfac- 
tion of  the  borough  president  having  jurisdiction,  within  48  hours 
after  such  break  or  injury.  (C.  O.  § 267.) 

2.  Defacing.  No  person  shall  deface  any  sidewalk  by  printing  or 
writing  thereon,  or  attaching  thereto,  in  any  manner  any  advertise- 
ment or  other  printed  matter.  (Manh.  Ords.  § 84.) 

§ 188.  Obstructions. — 1.  Merchandise.  No  person  shall  hang  or 
place  any  goods,  wares  or  merchandise,  or  suffer,  maintain  or  permit 
the  same  to  be  hung  or  placed,  at  any  greater  distance  than  3 feet 
in  front  of  his  or  her  house,  store  or  other  building,  and  not  a greater 
height  than  5 feet  above  the  level  of  the  sidewalk.  Wares  or  mer- 
chandise in  process  of  loading,  unloading,  shipment  or  being  receivt^d 
from  shipment,  may  be  transferred  from  trucks  or  other  vehicles 
over  the  sidewalk  by  the  use  of  skids,  or  by  backing  up  trucks  on 
the  sidewalks  while  so  doing.  Household  furniture  may  be  tempora- 
rily placed  on  a sidewalk  for  the  purpose  of  loading  or  unloading 
the  same  during  daylight  and  without  unreasonable  delay;  but,  in 
any  such  case,  a passageway  shall  be  kept  open  within  the  stoop- 
line of  the  building,  abutting  on  the  sidewalk  so  obstructed,  for  the 
free  movement  of  pedestrians.  (C.  O.  § 262  revised.) 

For  a century  no  goods,  wares  or  merchandise  could  be  hung  in  the  street  more 
than  one  foot  beyond  the  house  line.  (Law  and  Ordinance  1793,  p.  17,  and  sub- 
sequent revisions.)  But  this  was  gradually  enlarged  by  ord.  of  April  8,  1884; 
Sept.  9,  1889;  March  29,  1894,  and  Dec.  7,  1896.  While  goods  may  be  placed  on 
the  sidewalk  in  process  of  shipment,  this  must  be  temporary  only  and  not  amount 
to  a virtual  appropriation  of  the  sidewalk  to  a private  owner’s  use.  Callanan  v. 
Gilman,  107  N.  Y.  360.  Permits  cannot  be  given  to  display  goods  and  merchandise 
on  the  sidewalk.  People  v.  Willis,  9 App.  Div.  214. 

2.  Vehicles.  Except  as  otherwise  provided  in  this  section,  no 
owner  or  occupant  of  any  store  or  house  shall  lead,  ride  or  drive  a 
horse  or  permit  or  suffer  any  cart  or  other  wheel  carriage  to  be  driven 
or  otherwise  to  pass  or  go  over  or  upon  the  footpath  or  sidewalk 
opposite  to  such  house  or  store,  for  any  purpose  whatever,  except 
over  a carriageway  authorized  and  constructed  in  accordance  with 
the  provisions  of  § 184  of  this  article.  (C.  O.  § 266  revised.) 

§ 189.  Violations. — No  person  shall  violate  any  of  the  provisions 
of  this  article  under  a penalty  of  $50  for  each  offense.  No  such 
violation  shall  be  continued  under  an  additional  penalty  of  $5  for 
each  day  so  continued.  Any  person  who  shall  wilfullj''  violate,  or 
neglect  or  refuse  to  comply  with  any  provision  of  this  title,  or  any 
lawful  regulation,  order  or  special  direction  made  thereunder,  may 
also,  upon  conviction  thereof,  be  punished  by  a fine  of  not  more 
than  $50,  or  by  an  imprisonment  for  not  exceeding  39  days,  or  by 
both  such  fine  and  imprisonment.  (New.  Charter  § 773  and  C.  O. 
§ 379.) 


ARTICLE  16 

SIGNS  AND  SHOWBILLS 

Sec.  210.  General  provisions. 

§ 211.  Ground  signs  and  roof  signs. 

§ 212.  Ground  signs,  special  provisions. 

§ 213.  Roof  signs,  special  provisions. 

§ 214.  Signs  on  walls. 


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325 


§ 215.  Electric  signs. 

§ 216.  Unsafe  signs. 

§ 217.  Unlawful  signs. 

§ 218.  Alteration  of  existing  signs. 

§ 219.  Exemptions. 

§ 220.  Retroactive  effect. 

§ 221.  Inspections. 

§ 222.  Public  signs,  protection  of. 

§ 223.  Violations. 

Sec.  210.  General  provisions. — Except  as  otherwise  specified  in 
the  succeeding  sections  of  this  article,  signs,  showbills  and  show- 
boards  may  be  placed  on  the  fronts  of  buildings,  with  the  consent 
of  the  owner  thereof.  They  shall  be  securely  fastened,  and  shall 
not  project  more  than  1 foot  from  the  house  wall,  except  that  signs 
may  be  hung  or  attached  at  right  angles  to  any  building  and  extend 
not  to  exceed  3 feet  therefrom  in  the  space  between  the  second  floor 
(the  ground  floor  being  considered  the  first  floor)  and  a point  8 feet 
in  the  clear  above  the  level  of  the  sidewalk  in  front  of  such  build- 
ing. Signs  may  be  attached  to  the  sides  of  stoops,  but  not  to  extend 
above  the  railing  or  beyond  the  stoop-line  of  any  stoop.  No  sign, 
showbill  or  showboard  shall  be  placed,  hung  or  maintained  except 
as  prescribed  in  this  article.  (C.  O.  § 260.) 

Signs  have  always  been  allowed  at  a distance  of  one  foot.  See  Laws  and  Ordi- 
nances, 1793,  p.  18.  This  article  embraces  the  former  provisions  as  to  “sky  signs” 
in  section  144  of  former  Building  Code.  See  Chapter  5,  Building  Code,  art.  22  of 
the  present  code  which  defines  manner  of  construction  of  frame  fences,  bill-boards 
and  signs.  Restriction  of  bill-boards  to  6 feet  valid.  City  of  Rochester  v.  West,  164 
N.  Y.  510;  Gunning  v.  Buffalo,  75  App.  Div.  31. 

Ordinance  in  Hastings  held  unreasonable  as  to  bill-boards.  People  v,  Hastings, 
77  Misc.  453.  See  notes  21  L.  R.  A.  (N.  S.)  735. 

Bill-board  restrictions  are  reasonable  and  valid  exercise  of  police  power.  People 
ex  rel.  Van  Beuren  v.  Miller,  161  App.  Div.  138. 

The  provisions  of  former  section  144  of  Building  Code  as  to  signs  refer  to  bill- 
boards and  sky-signs  only,  all  others  come  under  the  general  ordinances.  People 
V.  Schmidt,  51  Misc.  258. 

§ 211.  Ground  signs  and  roof  signs. — 1.  Permits  required.  No 
ground  sign  or  roof  sign  shall  be  erected  until  a permit  therefor  shall 
have  been  issued  by  the  superintendent  of  buildings  having  jurisdic- 
tion. Each  superintendent  of  buildings  may  prescribe  suitable 
regulations,  consistent  with  the  provisions  of  this  article,  concerning 
the  forms  and  contents  of  applications  for  the  various  forms  of  per- 
mits. (Ord.  May  29, 1914.) 

2.  Plans  and  specifications.  No  such  permit  shall  be  issued  unless 
plans  and  specifications,  showing  the  dimensions,  material  and 
details  of  construction  of  the  proposed  sign,  accompanied  by  the 
written  consent  of  the  owner  or  lessee  of  the  property  upon  which 
it  is  to  be  erected,  shall  have  been  filed  with  the  superintendent 
of  buildings  having  jurisdiction,  nor  until  all  of  the  provisions  of  the 
Building  Code,  relating  to  such  structures,  shall  have  been  complied 
with.  (Id.  § 6.) 

3.  Electric  wiring  and  appliances.  In  the  case  of  a sign  illuminated 
by  electricity,  a certificate  must  also  be  procured  from  the  depart- 
ment of  water  supply,  gas  and  electricity,  certifying  that  the  electric 
wiring  and  electric  appliances  of  the  proposed  sign  are  in  conformity 
with  the  rules  and  regulations  of  that  department.  (Id.  § 6.) 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


4.  Fees.  Before  any  permit  shall  be  issued  under  this  section,  a fee 
therefor  shall  be  paid  to  the  appropriate  bureau  of  buildings  as 
follows:  For  ground  signs,  $2;  for  roof  signs  having  a tight,  closed  or 
solid  surface,  $5;  for  roof  signs  not  having  a tight,  closed  or  solid 
surface,  $10;  provided  that  each  face  of  any  such  sign  structure, 
when  fronting  on  different  streets  shall  be  considered  to  be  a separate 
sign.  (Id.  § 6.) 

5.  Existing  structures.  Permits  shall  be  issued  for  existing  signs 
not  conforming  to  the  requirements  of  this  article,  provided  such 
signs  were  erected  in  conformity  with  the  legal  requirements  in 
effect  when  they  were  erected,  but  no  fees  shall  be  charged  for 
permits  or  registration  for  existing  signs.  (Id.  § 7.) 

^ 6.  Registration  and  identification.  Every  ground  sign  and  roof 
sign  existing  or  hereafter  erected,  shall  be  registered  with  the  bureau 
of  buildings  of  the  borough  in  which  such  structure  is  situated,  by 
the  person  maintaining  the  same,  and  shall  have  displayed  upon  the 
front  thereof  the  name  and  address  of  such  person,  and  the  serial, 
number  of  the  permit  issued  for  such  structure.  The  bureau  of 
buildings  may  issue  permits  in  several  series  so  as  to  distinguish 
between  existing  signs  and  new  sign  structures  erected  in  conformity 
with  this  article,  or  between  various  classes  of  signs.  (Id.  § 7.) 

§ 212.  Ground  signs;  special  provisions. — 1.  Construction.  No 
ground,  fence,  bill-board  or  sign  within  the  fire  limits  of  the  city  shall 
be  at  any  point  over  12  feet  above  the  ground;  provided  that  when 
the  face  of  any  sign,  excepting  the  ornamental  moulding  thereof, 
shall  be  constructed  entirely  of  metal  or  of  wood  covered  on  all 
sides  with  sheet  metal,  the  sign  shall  not  be  at  any  point  over  24  feet 
above  the  ground.  (Ord.  May  29, 1914,  § 2.) 

2.  Maintenarice.  Any  person,  occupying  any  vacant  lot  or  prem- 
ises with  a bill-board,  sign  or  other  advertising  structure  or  device, 
shall  be  subject  to  the  same  duties  and  responsibilities  as  the  owner 
of  the  lot  or  premises,  with  respect  to  keeping  the  same  clean, 
sanitary,  inoffensive  and  free  and  clear  of  all  noxious  substances  in 
the  vicinity  of  such  bill-board,  sign,  structure  or  device;  and  with 
respect  to  the  removal  of  snow  from  the  sidewalk  and  curb  in  front 
thereof.  (Id.  § 2.) 

§ 213.  Roof -signs,  special  provisions. — 1.  Construction.  All  roof 
sign  structures  shall  be  so  constructed  as  to  leave  a clear  space  of  at 
least  7 feet  between  the  roof  level  and  the  lowest  part  of  the  struc- 
ture, and  at  least  5 feet  between  the  vertical  supports  thereof;  such 
structures  shall  be  set  back  at  least  6 feet  from  the  face  of  the  front 
and  rear  walls  and  shall  not  interfere  with  any  openings  in  the  roof 
or  with  any  fire  escape.  Such  structures,  excepting  the  ornamental 
surface  moulding  thereof,  shall  be  constructed  entirely  of  metal, 
including  the  uprights,  supports  and  braces  for  same,  and  shall  be 
required  to  bear  a wind  pressure  of  not  less  than  30  pounds  to  the 
square  foot  of  area  subject  to  such  pressure.  (Id.  § 3.) 

2.  Restrictions,  (a)  No  roof  sign  structure  having  a tight,  closed  or 
solid  surface  shall  be  at  any  point  over  31  feet  above  the  roof  level. 

(b)  Roof  sign  structures  not  having  a tight,  closed  or  solid  surface 
may  be  erected  upon  fireproof  buildings  to  a height  not  exceeding 
75  feet  above  the  roof  level,  and  upon  non-fireproof  buildings  to  a 
height  not  exceeding  50  feet  above  the  roof  level,  but  the  portions  of 


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327 


such  structures  covered  and  exposed  to  wind  pressure  shall  not 
exceed  35  per  cent,  of  the  total  area.  (Id.  § 3.) 

§ 214.  Signs  on  walls. — 1.  Construction.  No  sign  shall  be  erected 
upon  the  front,  rear  or  side  wall  of  any  building  so  as  to  project 
above  either  the  roof  comice  or  parapet  wall,  or  above  the  roof  level, 
where  there  is  no  cornice  or  parapet  wall;  except  that  a sign  erected 
at  a right  angle  to  the  building  wall,  the  horizontal  width  of  which 
sign  parallel  to  such  wall  does  not  exceed  2 feet,  may  be  erected  to  a 
height  not  exceeding  2 feet  above  the  roof  cornice  or  parapet  wall, 
nor  above  the  roof  level  where  there  is  no  comice  or  parapet  wall. 
A sign  attached  to  a corner,  and  parallel  to  the  vertical  line  of  such 
corner,  shall  be  deemed  erected  at  a right  angle  to  the  building  wall. 
(Id.  § 4.) 

2.  Restriction.  No  such  sign  shall  be  so  erected  as  to  cover  the 
doors  or  windows  of  any  building,  or  otherwise  prevent  free  ingress  or 
egress  to  or  from  any  window,  door  or  fire  escape  on  any  building. 
(Id.  § 4.) 

§215.  Electric  signs. — 1.  Application  of  preceding  sections.  Except 
as  hereinafter  specifically  prescribed,  all  provisions  of  §§  211  to  214, 
inclusive,  of  this  article,  shall  apply  to  the  continuance,  construction, 
alteration,  reconstruction  and  maintenance  of  electric  signs,  as 
hereinafter  defined. 

2.  Issue  of  permits.  All  permits  for  electric  signs  shall  be  issued  by 
the  city  clerk,  upon  applications  therefor  approved  by  the  com- 
missioner of  water  supply,  gas  and  electricity  and  the  superintendent 
of  buildings  having  jurisdiction. 

3.  Definition.  Any  letter,  word,  model,  sign,  device  or  representa- 
tion, used  in  the  nature  of  an  advertisement,  announcement  or 
direction,  illuminated  by  electricity,  erected  on  any  building  and 
extending  beyond  the  building  line,  shall  be  deemed  to  be  an  electric 
sign. 

4.  Fee  for  permit.  The  applicant  for  a permit  to  construct  or 
maintain  an  electric  sign  shall  pay  to  the  city  clerk  an  annual  fee  of 
10  cents  for  each  square  foot  of  sign  space  or  part  of  square  foot  of 
such  sign  space  displayed  on  such  electric  sign,  to  be  computed  and 
collected  by  the  city  clerk.  The  square  feet  of  sign  space  on  one  side 
of  an  electric  sign,  however,  shall  be  deemed  to  be  the  entire  number 
of  square  feet  of  sign  space,  for  the  purpose  of  computing  the  license 
fee  herein  referred  to  and  required  to  be  paid. 

5.  Consent  of  owner  of  adjoining  residence.  No  permit  shall  be 
issued  for  the  erection  of  an  electric  sign  on  a building  which  adjoins 
another  occupied  exclusively  as  a private  residence,  until  the  appli- 
cant for  the  permit  shall  have  filed  the  written  consent  of  the  owner 
of  such  residence  to  the  erection  of  the  proposed  sign. 

6.  Restrictions,  (a)  No  electric  sign  shall  extend  more  than  8 feet 
from  the  building  line,  nor  shall  any  such  sign  be  less  than  10  feet  in 
the  clear  above  the  level  of  the  sidewalk  beneath  the  same. 

(b)  All  electric  signs  shall  be  constructed  entirely  of  metal  or  other 
incombustible  material,  except  the  insulation  thereof,  including  the 
uprights,  supports  and  braces  for  the  same,  and  shall  be  properly 
and  firmly  attached  to  the  building,  and  shall  be  so  constructed  as 
not  to  be  or  become  dangerous.  (Ord.  July  24, 1912.) 

§ 216.  Unsafe  signs. — Should  any  fence,  sign,  bill-board  or  roof 


328  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

sign  or  sign  structure  be  or  become  insecure,  or  in  danger  of  falling,  or 
otherwise  unsafe,  in  the  opinion  of  the  superintendent  of  buildings, 
the  owner  thereof,  or  the  person  maintaining  the  same,  shall,  upon 
notice  from  the  superintendent,  forthwith  in  case  of  immediate 
danger,  and  in  any  case  within  10  days,  secure  the  same,  under  the 
supervision  of  and  in  the  manner  to  be  approved  by  the  superintend- 
ent, in  conformity  with  the  provisions  of  this  article.  (Ord.  May  29, 
1914.) 

§ 217.  Unlawful  signs. — In  case  any  sign  or  sign  structure,  shall 
be  attached  at  other  than  a right  angle  to  the  wall  of  the  building, 
extending  outside  the  building  line  and  projecting  above  the  roof 
cornice  or  parapet  wall  or  above  the  roof  level,  where  there  is  no 
cornice  or  parapet  wall,  or  shall  be  so  erected  as  to  prevent  free 
ingress  and  egress  to  and  from  any  door,  window  or  fire  escape  of 
any  building,  the  fire  commissioner  shall  notify,  by  registered  mail, 
the  owner  or  lessee  thereof  to  alter  such  sign  or  structure,  so  as  to 
comply  with  this  article,  or  to  remove  the  same.  If  such  order  is 
not  comphed  with  within  60  days,  the  fire  commissioner  shall  re- 
move such  sign  or  sign  structure  at  the  expense  of  the  owner  or  lessee 
thereof.  (Id.  § 5.) 

§ 218.  Alteration  of  existing  signs. — No  existing  fence,  sign,  bill- 
board or  roof  sign  or  sign  structure  shall  be  enlarged,  rebuilt,  struc- 
turally altered  or  relocated,  except  in  accordance  with  the  provi- 
sions of  this  article;  provided  that  this  requirement  shall  not  apply 
to  the  relettering  or  rewiring  of  electric  signs.  (Id.  § 9.) 

§ 219.  Exemptions. — No  part  of  the  foregoing  sections  of  this 
article  shall  apply  to  walls  constructed  wholly  or  principally  of 
stone,  marble,  brick,  terra  cotta,  concrete,  or  other  like  material 
composing  a masonry  or  monolithic  wall;  nor  to  back  yard  fences 
on  the  ground  in  the  interior  of  a court;  nor  to  picket  fences  and 
ornamental  metal  fences.  (Id.  § 10.) 

§ 220.  Retroactive  effect. — Except  as  expressly  provided  in  §§216 
and  217  hereof,  this  article  shall  have  no  retroactive  effect.  (Id.  § 12.) 

§221.  Inspections. — Every  sign  or  sign  structure,  for  which  a 
permit  shall  have  been  issued  under  any  provision  of  this  article, 
shall  be  inspected  at  least  once  in  each  calendar  year,  by  or  under 
the  direction  of  the  superintendent  of  buildings  having  jurisdiction. 
(Id.  § 6.) 

§ 222.  Public  signs,  protection  of. — No  person  shall  injure,  deface, 
obliterate,  mar,  remove,  take  down,  loosen,  destroy  or  in  any  other 
manner  interfere  with  or  disturb  any  signboard  containing  the 
name  of  any  street  or  public  place,  whether  it  be  upon  public  or 
private  property.  (New.) 

§ 223.  Violations. — 1.  Punishment.  No  person  shall  violate  any 
provision  of  this  article  under  a penalty  of  $100  for  each  offense. 
No  sign  or  sign  structure  shall  be  maintained,  contrary  to  the  pro- 
visions of  this  article,  under  a penalty  of  $10  for  each  day  or  part 
of  a day  the  same  shall  be  so  maintained. 

2.  Abatement.  Except  as  otherwise  provided  in  this  article  any 
fence,  sign,  bill-board  or  roof-sign  structure  erected  or  maintained 
in  violation  of  this  article,  shall  be  subject,  upon  notice,  to  abatement 
by  the  superintendent  of  buildings  having  jurisdiction.  (Ord. 
May  29,  1914.) 


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329 


ARTICLE  17 

VAULTS  AND  CISTERNS 


Sec.  240.  General  provisions. 

§ 241.  Construction. 

§ 242.  Vault  openings;  protection  of. 

§ 243.  Vault  covers  must  afford  secure  footing. 
§ 244.  Violations. 


Sec.  240.  General  provisions. — 1.  Definitions.  Whenever  used  in 
this  article,  the  term  vault  shall  be  deemed  to  mean  every  descrip- 
tion of  opening  below  the  surface  of  the  street  in  front  of  any  shop, 
store,  house  or  other  building,  if  covered  over;  except  openings  which 
are  used  exclusively  as  places  for  descending  to  the  cellar  floor  of 
any  building  or  buildings,  by  means  of  steps.  (C.  O.  §§  186,  187.) 

2.  Jurisdiction.  Each  borough  president  is  empowered  to  issue 
permits  for  the  construction  of  vaults  or  cisterns  in  the  streets  within 
his  jurisdiction.  (C.  O.  § 169.) 

Where  a vault  or  cellar  has  existed  for  thirty  years  there  is  a presumption  that 
it  is  with  the  consent  of  the  municipal  authorities.  People  ex  rel.  Zeigler  v.  Collis, 
17  App.  Div.  448;  and  this  is  true  of  a vault  existing  for  nine  years  to  the  extent 
that  it  is  not  considered  a nuisance  per  se.  Babbage  v.  Powers,  130  N.  Y.  281. 
This  is  merely  a presumption,  however.  Deshong  v.  City  of  New  York,  176  N.  Y. 
475.  A permit  may  be  revoked  by  the  city.  Lincoln  Safe  Dep.  Co.  v.  City  of  New 
York,  96  App.  Div.  318.  Permit  for  vaults  in  public  highway  is  in  nature  of  re- 
vocable private  easement  which  can  be  fully  enjoyed  until  revoked.  N.  Y.  Steam 
Co.  V.  Foundation  Co.,  123  App.  Div.  254,  citing  Deshong  v.  City  of  New  York, 
176  N.  Y.  475.  A license  for  a vault  does  not  justify  a large  open  area.  City  of 
New  York  v.  De  Peyster,  120  App.  Div.  762,  aff’d  190  N.  Y.  547. 

See  also  Appleton  v.  N.  Y.,  82  Misc.  258;  note  31  L.  R.  A.  (N.  S.)  868,  and 
notes  to  § 140,  supra. 

3.  Permits.  No  person  shall  cause  or  procure  any  vault  or  cistern 
to  be  constructed  or  made  in  any  street,  without  a permit  from  the 
borough  president  having  jurisdiction  thereof.  Every  application 
for  a permit  to  erect  such  vault  or  cistern  shall  be  in  writing,  signed 
by  the  person  making  the  same,  and  shall  state  the  number  of  square 
feet  of  ground  which  is  required  for  the  same,  and  the  intended 
length  and  width  of  the  same.  (C.  O.  §§  170,  171.) 

Vault  constructed  in  1840  presumed  to  be  with  consent  of  proper  authorities. 
Title  Guarantee  v.  City  of  N.  Y.,  205  N.  Y.  496. 

The  City  of  New  York  has  the  power  to  regulate  and  authorize  vaults,  cellars, 
steps,  etc.,  for  the  greater  convenience  of  its  citizens.  See  Jorgensen  v.  Squires, 
144  N.  Y.  281;  McMillan  v.  Klaw  & Erlanger,  107  App.  Div.  407.  And  where  a 
vault  has  existed  since  1876  without  a permit,  held,  where  it  was  being  rebuilt,  the 
city  could  compel  being  paid  for  space  used  since  no  permit  could  be  proved,  and 
no  right  of  prescription  exists  as  against  the  public.  Deshong  v.  City  of  New  York, 
74  App.  Div.  234;  aflfirmed,  176  N.  Y.  475.  Where,  by  special  statute,  an  area 
space  in  a tenement  was  covered  over,  held  not  to  be  a vault  within  meaning  of 
ordinance.  Buek  v.  Collis,  17  App.  Div.  465.  The  charter  amendments  make 
this  inapplicable  now.  City  of  New  York  v.  Madison  Ave.  Real  Est.  Co.,  42  Misc. 
Rep.  535.  But  a vault  erected  without  permission  in  a dangerous  condition  must 
be  allowed  to  be  repaired  without  first  taking  out  a permit.  People  v.  Collis,  17 
App.  Div.  448.  These  vault  permits  have  been  issued  since  May,  1857.  Deshong 
V.  City,  supra.  As  to  what  constitutes  a “vault,”  see  City  of  New  York  v.  Buek, 
43  Misc.  663.  Where  a permit  was  paid  at  suggestion  of  a policeman,  held  pay- 
ment was  voluntary,  and  could  not  be  recovered  from  the  city.  Wolff  v.  CXty  of 
New  York,  92  App.  Div.  449. 

Payment  for  permit  held  to  be  voluntary  and  cannot  be  recovered.  Mahoney  v. 
City  of  N.  Y.,  145  App.  Div.  884. 

4.  Compensation.  Upon  receiving  such  permit,  the  applicant 
therefor  shall  forthwith  pay  to  the  borough  president  such  sum  as 


330  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

he  shall  certify  in  the  permit  to  be  a just  compensation  to  the  city 
for  such  privilege,  calculated  at  the  rate  of  not  less  than  30  cents, 
nor  more  than  $2  per  foot,  for  each  square  foot  of  ground  mentioned 
as  required  for  such  vault  or  cistern.  (C.  O.  § 172.) 

5.  Measurement.  Every  person  for  whom  any  vault  or  cistern 
may  be  in  process  of  construction  shall  procure  the  same  to  be  meas- 
ured by  a city  surveyor,  who  shall  deliver  to  the  borough  president 
granting  the  permit  therefor  a certificate  of  the  measurement  signed 
by  such  surveyor,  accompanied  by  a diagram  showing  the  complete 
dimensions  of  the  same  and  its  location  relative  to  the  nearest  in- 
tersecting street  corner,  before  the  construction  of  such  vault  or 
cistern  shall  be  commenced.  (C.  O.  § 174.) 

6.  Refundments.  If,  from  subsequent  measurements,  it  shall 
appear  that  less  space  has  been  taken  than  that  paid  for,  the  per- 
mittee shall  be  entitled  to  receive  a certificate  from  the  borough 
president  who  issued  the  permit,  showing  the  difference.  Upon 
the  presentation  of  said  certificate  of  difference  to  the  comptroller, 
he  shall  pay  a rebate  to  the  permittee,  the  amount  of  which  shall 
be  the  difference  in  money  between  the  space  fee  originally  paid 
and  the  fee  for  space  actually  taken;  provided  the  surveyor’s  certif- 
icate was  filed  or  on  after  the  1st  day  of  March,  1913.  (C.  O.  § 172 
as  amend.) 

7.  Unauthorized  encroachments.  If  it  shall  appear  that  the  vault 
or  cistern  occupies  a greater  number  of  square  feet  than  shall  have 
been  paid  for  as  aforesaid,  the  owner  thereof  shall,  in  addition  to 
the  penalty  imposed  by  this  article,  forfeit  and  pay  twice  the  sum 
previously  paid  for  each  square  foot  of  ground  occupied  by  the 
vault  or  cistern,  over  and  above  the  number  of  square  feet  paid 
for  as  aforesaid. 

8.  Limitation.  No  person  shall  erect  or  build,  or  cause  or  permit 
any  vault  or  cistern  to  be  made,  which  shall  extend  further  than  the 
line  of  the  sidewalk  or  curbstone  of  any  street.  (C.  O.  § 173.) 

9.  Responsibility.  The  master  builder  who  shall  complete  or 
begin  the  construction  of  a vault,  and  the  owner  or  person  for  whom 
the  same  shall  be  excavated  or  constructed  shall  be  liable  to  the 
provisions,  payments  and  penalties  of  this  article,  severally  and 
respectively.  (C.  O.  § 186.) 

§ 241.  Construction. — 1.  Materials.  All  vaults  or  cisterns  shall  be 
constructed  of  brick  or  stone,  and  the  outward  side  of  the  grating  or 
opening  into  the  street  shall  be  either  within  12  inches  of  the  outside 
of  the  curbstone  of  the  sidewalk,  or  within  12  inches  of  the  coping  of 
the  area  in  front  of  the  house  to  which  such  vault  shall  belong.  All 
grates  of  vaults  shall  be  made  of  iron,  the  bars  whereof  shall  be  ^4  of 
an  inch  wide  and  of  an  inch  thick,  and  not  more  than  % of  an 
inch  apart.  (C.  O.  §§  175-177.) 

2.  Completion  of  work.  All  vaults  and  cisterns  shall  be  completed 
and  the  ground  closed  over  them  within  3 weeks  after  they  are  com- 
menced. (C.  O.  § 179.) 

§ 242.  Vault  openings;  protection  of. — No  person  shall  remove  or 
insecurely  fix,  or  cause,  or  procure,  or  suffer,  or  permit  to  be  removed 
or  to  be  insecurely  fixed,  so  that  the  same  can  be  moved  in  its  bed, 
any  grate  or  covering  or  aperture  of  any  vault  or  chute  under  any 
street;  but  nothing  herein  contained  shall  prevent  the  owner  or 


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331 


occupant  of  the  building,  with  which  such  vault  shall  be  connected, 
from  removing  such  gate  or  covering,  for  the  proper  purpose  of  such 
vault  or  chute;  providing  he  inclose  the  opening  or  aperture,  and  keep 
the  same  inclosed  while  such  grate  or  covering  shall  be  removed, 
with  a strong  box  or  curb  at  least  12  inches  high  firmly  and  securely 
made,  and  provided  that  openings  of  more  than  2 square  feet  of 
superficial  area  shall  be  inclosed  at  such  times  with  strong  railings 
not  less  than  3 feet  high,  to  be  approved  by  the  borough  president, 
and  provided  further  that  such  grates  or  coverings  shall  not  be  re- 
moved until  after  sunrise  of  any  day  and  shall  be  replaced  before  one- 
half  hour  after  sunset.  (C.  O.  §§  188-190;  B.  O.  § 29.) 

§ 243.  Vault  covers  must  afford  secure  footing. — The  police  commis- 
sioner shall  report  to  the  president  of  the  borough  having  jurisdiction 
the  name  and  address  of  the  owner  or  occupant  of  any  store,  dwelling 
or  other  building,  having  a vault  under  the  sidewalk  in  front  thereof, 
the  cover  of  which  presents  a slippery  surface.  Thereupon,  the 
borough  president  shall  forthwith  notify  the  owner  or  occupant  to 
remove  such  coverings  within  30  days  and  substitute  therefor  another 
that  will  afford  secure  footing  for  pedestrians.  Each  borough  pres- 
ident shall  immediately  report  every  violation  of  this  section  to  the 
corporation  counsel  for  appropriate  action.  (C.  O.  § 191.) 

§244.  1.  Violations. — No  person  shall  violate  any  provision  of 
this  article,  or  any  notice  or  special  direction  issued  thereunder, 
under  a penalty  of  $100.  No  vault  or  cistern  shall  be  maintained 
contrary  to  the  provisions  of  this  article,  under  a penalty  of  $10,  for 
each  day  or  part  of  a day  the  same  shall  be  maintained.  (New.) 


AETICLE  18 

MISCELLANEOUS 

Sec.  250.  Flower  pots  on  window  ledges. 

§ 251.  Missies;  ^ bean-shooters,  stone-throwing,  etc. 

§ 252.  Tan  bark  on  streets. 

Sec.  250.  Flower  pots  on  window  ledges. — No  person  shall  place  or 
keep  on  any  window  sill,  railing  or  balcony,  top  of  porch  or  any  other 
projection  from  any  house  or  other  building,  any  earthen  flower  pot, 
wooden  box  or  other  article  or  thing  whatever  for  the  cultivation  or 
retention  of  flowers,  shrubs,  vines  or  other  article  or  thing  whatever, 
unless  such  flower  pot,  box  or  other  article  is  securely  and  firmly 
fastened  or  protected  by  iron  railings,  so  as  to  render  it  impossible 
for  the  same  to  fall  into  the  street.  (Manh.  Ords.  § 42.) 

§ 251.  Missies,  ^ hean-shooters,  stone-throwing,  etc. — No  bean-shooter 
or  other  instrument  for  throwing  bullets,  stones  or  beans,  shall  bo 
sold  or  offered  for  sale;  nor  shall  any  bean-shooter  or  other  such 
instrument  be  used  by  any  person  for  throwing  bullets,  stones  or 
other  missiles,  nor  be  carried  by  any  person,  with  the  intention  of 
being  so  used;  nor  shall  any  person  throw  or  cast  any  stone,  stick  or 
other  missle  ^ in,  from  or  to  any  street  or  public  place.  (C.  O.  § 549.) 

^ So  in  original. 


332  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

§ 252.  Tanhark  on  streets. — The  mayor  or  any  alderman,  the 
department  of  health,  the  police  commissioner,  or  the  inspector  or 
captain  of  police  assigned  to  the  precinct  in  which  the  premises  are 
situated,  shall,  upon  application,  grant  permission  to  lay  tanbark  in 
the  carriageway  in  front  of  any  premises  occupied  by  a sick  or 
convalescent  person,  to  the  extent  of  500  feet  in  any  direction  from 
said  premises;  providing  all  expense  of  placing  and  removing  the 
bark  shall  be  paid  by  the  person  making  such  application.  The  bark 
so  placed  in  any  street  shall  be  removed,  upon  the  order  of  the  com- 
missioner of  street  cleaning,  within  5 days  after  the  recovery  or  death 
of  such  sick  or  convalescent  person,  and,  upon  failure  or  neglect  to 
comply  with  such  order,  then  it  shall  be  removed  by  the  commis- 
sioner, who  may  sue  for  and  recover  the  cost  of  such  removal  in  the 
manner  provided  for  the  collection  of  penalties.  (C.  O.  § 273.) 


TRAFFIC  REGULATIONS 


333 


% 


CHAPTER  24 
Traffic  Regulations 

Article  1.  General  provisions. 

2.  Rules  of  the  road. 

3.  Miscellaneous  regulations. 

General  power  is  granted  expressly  in  section  50,  Greater  New  York  Charter, 
“to  regulate  the  use  of  streets  and  sidewalks  by  foot  passengers,  animals  and 
vehicles;  to  regulate  the  speed  at  which  horses  shall  be  driven  or  ridden  and  at 
which  vehicles  shall  be  propelled  in  the  street,”  and  further,  “to  make  all  such 
regulations  in  reference  to  the  running  of  stages,  omnibuses,  trucks,  cars,  as  may  be 
necessary  for  the  convenient  use  and  accommodation  of  the  streets,  piers,  wharves 
and  stations.”  But  all  such  regulations  must  be  reasonable.  Dunham  v.  Trustees 
of  Rochester,  5 Cow.  462.  Police  Commissioner  may,  by  sec.  300  of  the  charter, 
regulate  traffic  on  streets  but  he  cannot  prohibit  traffic  or  even  deny  use  of  vehicles 
on  parts  of  certain  streets.  Peace  v.  McAdoo,  110  App.  Div.  13. 

By  § 315,  as  amend.  L.  1914,  ch.  455,  power  of  Police  Commissioner  to  regulate 
vehicular  traffic  is  further  extended. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Definitions. 

Sec.  1.  Definitions. — Unless  otherwise  expressly  stated,  whenever 
used  in  this  chapter,  the  following  terms  shall  be  respectively  deemed 
to  mean: 

1.  Curh^  the  lateral  boundaries  of  that  portion  of  a street  designed 
for  the  use  of  vehicles,  whether  marked  by  curbstones  or  not  so 
marked; 

2.  Roadway^  that  portion  of  any  street  which  is  included  within 
the  curbs  or  curb  lines  thereof,  and  is  designed  for  the  use  of  vehicles; 

3.  VehicUy  every  wagon,  carriage,  omnibus,  sleigh,  pushcart, 
bicycle,  tricycle  and  other  conveyance  (except  a baby  carriage),  in 
whatever  manner  or  by  whatever  force  or  power  the  same  may  be 
driven,  ridden  or  propelled,  which  is  or  may  be  used  for  or  adapted 
to  pleasure  riding  or  the  transportation  of  passengers,  baggage  or 
merchandise  upon  the  street;  and  every  draught  and  riding  animal, 
whether  driven,  ridden  or  led;  provided  that  an  animal  or  animals 
attached  to  any  vehicle  shall,  with  such  vehicle,  constitute  but  one 
vehicle.  (C.  O.  § 474.) 

ARTICLE  2 

RULES  OF  THE  ROAD 

Sec.  10.  Drivers;  age  limit. 

§ 11.  Driving. 

§ 12.  Lights. 

§ 13.  Peddlers. 

§ 14.  Riding  on  back  of  vehicle. 

§ 15.  Right  of  way. 

§ 16.  Obstruction  of  traffic. 

§ 17.  Speed. 

§ 18.  Safety  stops  for  omnibuses  and  street  surface  railway  cars. 


334 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Sec.  10.  Drivers;  age  limit. — Drivers  or  persons  in  charge  of  vehicles 
other  than  licensed  vehicles  shall  not  be  less  than  16  years  of  age, 
unless  provided  with  a permit  from  the  police  department.  (C.  O. 
§ 463.) 

§ 11.  Driving. — 1.  Keeping  to  the  right.  Vehicles  shall  keep  to  the 
right,  and  as  near  the  right  hand  curb  as  possible. 

2.  Meeting.  Vehicles  meeting  shall  pass  each  other  to  the  right. 

3.  Overtaking  others.  Vehicles  overtaking  others  shall,  in  passing, 
keep  to  the  left. 

4.  Turning  and  starting.  The  driver  or  person  having  charge  of 
any  vehicle,  before  turning  the  corner  of  any  street,  or  turning  out  or 
starting  from  or  stopping  at  the  curb  line  of  any  street,  shall  first  see 
that  there  is  suflScient  space  free  from  other  vehicles,  so  that  such 
turn,  stop  or  start  may  be  safely  made,  and  shall  then  give  a plainly 
visible  or  audible  signal. 

5.  Turning  to  the  right  into  another  street.  A vehicle  turning  to  the 
right  into  another  street  shall  turn  the  corner  as  near  to  the  curb  as 
practicable. 


THUS. 


j 


6.  Turning  to  the  left  into  another  street.  A vehicle  turning  to  the 
left  into  another  street  shall  pass  to  the  right  of  and  beyond  the 
center  of  the  street  intersection  before  turning. 


THUS.  J 

1 1 

1 

" "e 

■ 

« s 

■ 

1 

1 Sl 

1 

7.  Crossing  streets.  A vehicle  crossing  from  one  side  of  the  street 
to  the  other  shall  do  so  by  turning  to  the  left,  so  as  to  head  in  the 
same  direction  as  the  traffic  on  that  side  of  the  street. 


THUS. 


8.  Slow-moving  vehicles.  Vehicles  moving  slowly  shall  keep  as 
close  as  possible  to  the  curb  line  on  the  right,  so  as  to  allow  faster 
moving  vehicles  free  passage  on  the  left. 

9.  Signal  on  slowing  up  or  stopping.  In  slowing  up  or  stopping,  a 


TRAFFIC  REGULATIONS 


335 


signal  shall  always  be  given  to  those  behind,  by  vertically  raising  the 
whip  or  hand. 

10.  Stop-signal  to  automobiles.  Every  person  driving  an  automo- 
bile or  motor  vehicle  shall,  at  the  request  or  signal  by  putting  up  the 
hand,  from  a person  driving  or  riding  a restive  horse  or  horses,  or 
driving  domestic  animals,  cause  the  automobile  immediately  to  stop, 
and  to  remain  stationary,  as  long  as  may  be  necessary  to  allow  said 
horses  or  domestic  animals  to  pass. 

11.  Stopping.  Unless  in  an  emergency  or  to  allow  another  vehicle 
or  pedestrian  to  cross  its  path,  no  vehicle  shall  stop  in  any  public 
street,  except  close  to  the  curb  line.  Except  as  provided  in  § 16  of 
this  article  or  in  case  of  accident  or  other  emergency,  or  when  di- 
rected to  stop  by  the  police,  no  vehicle  shall  stop,  in  such  a way  as 
to  obstruct  any  street  or  crossing,  for  the  purpose  of  taking  on  or 
setting  down  a passenger,  or  loading  or  unloading  freight,  or  for  any 
other  purpose.  No  vehicle  shall  stop  or  stand  within  the  intersection 
of  any  street,  nor  within  10  feet  of  a street  corner. 

12.  Standing  at  curb.  In  no  case  shall  a vehicle  remain  backed  up 
to  the  curb,  except  when  actually  loading  or  unloading,  and  no 
vehicle  shall  stop  with  its  left  side  to  the  curb. 

13.  Obstructing  traffic.  No  vehicle  shall  be  allowed  to  remain 
upon  or  be  driven  through  any  street,  so  as  willfully  to  blockade  or 
obstruct  the  traffic  of  that  street. 

14.  Overloading  teams.  No  vehicle  shall  be  so  overloaded  that  the 
horse  or  motor  attached  thereto  shall  be  unable  to  draw  or  propel  it. 
(Rules  of  Road  Ord.  Dec.  14, 1903.) 

§ 12.  Lights. — 1.  Horse  drawn  vehicles.  Every  vehicle  using  the 
streets  shall  show  between  sunset  and  sunrise,  a light  or  lights,  so 
placed  as  to  be  seen  from  the  front,  rear  and  each  side.  If  a dash 
lantern  is  carried,  it  shall  be  placed  on  the  left-hand  side.  Such  light 
or  lights  shall  be  of  sufficient  illuminating  power  to  be  visible  at  a 
distance  of  200  feet,  and  shall  show  white  in  front,  but  may  be  colored 
on  the  sides  and  rear. 

2.  Motor  vehicles.  Every  motor  vehicle,  except  motor  cycles,  shall 
exhibit,  during  the  period  specified  in  the  preceding  subdivision,  2 
white  lights,  visible  at  a distance  of  300  feet  in  the  direction  toward 
which  the  vehicle  is  proceeding,  and  shall  also  exhibit  a red  light, 
visible  in  the  reverse  direction.  The  lights  shall  be  so  placed  as  to 
be  free  from  obstruction  by  other  parts  of  said  vehicle.  No  operator 
of  any  motor  vehicle,  while  operating  the  same  upon  any  street,  shall 
use  any  acetylene,  electric  or  other  headlight,  unless  it  shall  be  so 
shaded  as  not  to  blind  or  dazzle  other  users  of  the  highway,  or  make 
it  difficult  or  unsafe  for  them  to  ride,  drive  or  walk  thereon.  (C.  O. 
458  as  amend.) 

3.  Motor-cycles.  All  motor-cycles  shall  be  subject  to  the  provi- 
sions of  subdivision  1 of  this  section.  (New.) 

4.  Exceptions.  This  section  shall  not  apply  to  any  equestrian;  nor 
to  any  animal  led  or  driven  and  not  attached  to  any  vehicle;  nor  to 
the  rider  of  a bicycle,  tricycle  or  similar  vehicle,  whose  light  has 
become  extinguished,  or  who  is  necessarily  absent  from  his  home, 
without  a light,  when  going  at  a pace  not  exceeding  6 miles  an  hour, 
and  giving  a clearly  audible  signal  as  often  as  30  feet  are  passed  over. 
(C.  O.  § 459.) 


336  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 13.  Peddlers. — 1.  General  regulations.  No  peddler,  vender, 
hawker  or  huckster  shall  permit  any  cart,  wagon  or  vehicle,  owned  or 
controlled  by  him  or  her,  to  stop,  remain  upon  or  otherwise  incumber 
any  street  in  front  of  any  premises,  the  owner  of  or  lessee  of  the 
ground  floor  thereof  objecting  thereto.  No  peddler,  vender,  hawker 
or  huckster  shall  permit  his  or  her  cart,  wagon  or  vehicle  to  stand  on 
any  street,  within  25  feet  of  any  corner  of  the  curb. 

2.  Restricted  streets.  No  peddler,  vender,  hawker  or  huckster  shall 
stop  or  remain,  between  8 o’clock  a.  m.  and  6 o’clock  p.  m.,  in 

Amsterdam  avenue,  between  67th  street  and  70th  street,  Man- 
hattan; 

Avenue  A,  between  Houston  and  7th  street,  Manhattan; 

Avenue  B,  from  Houston  street  to  14th  street,  Manhattan; 

Avenue  C,  from  Houston  street  to  14th  street,  Manhattan; 

Broadway,  from  134th  street  to  158th  street,  Manhattan; 

Centre  street,  from  New  Chambers  street  to  Park  row,  Man- 
hattan , 

Chambers  street,  between  Broadway  and  Centre  street,  Man- 
hattan , 

Claremont  parkway,  from  Crotona  park  to  Claremont  park.  The 
Bronx; 

Fulton  street,  between  Broadway  and  Pearl  street,  Manhattan; 

Manhattan  avenue,  between  Driggs  avenue  and  Vernon  avenue, 
Brooklyn; 

Montrose  avenue,  between  Broadway  and  Bush  wick  place, 
Brooklyn; 

Nassau  street,  between  Spruce  and  Wall  streets,  Manhattan; 

Park  avenue,  from  111th  street  to  134th  street,  Manhattan; 

Park  row,  from  New  Chambers  to  Ann  street,  Manhattan; 

West  End  avenue,  between  67th  street  and  70th  street,  Manhattan; 

67th,  68th  and  69th  streets,  from  Amsterdam  avenue  to  the 
westerly  end  of  said  streets,  Manhattan; 

The  territory  bounded  by  Catherine  street,  the  Bowery,  Stanton 
street  and  the  East  river,  Manhattan. 

None  of  the  provisions  of  this  section  shall  be  construed  as  regulat- 
ing the  crying  or  hawking  of  newspapers. 

§ 14.  Riding  on  back  of  vehicles. — No  person  shall  ride  upon  the 
back  of  any  vehicle  without  the  consent  of  the  driver,  and  when 
riding  no  part  of  a person’s  body  shall  protrude  beyond  the  limits  of 
the  vehicle.  (C.  O.  § 464.) 

§ 15.  Right  of  way. — 1.  Direction.  On  all  streets  and  public  places, 
all  vehicles  going  in  a northerly  or  southerly  direction  shall  have  the 
right  of  way  over  any  vehicle  going  in  an  easterly  or  westerly  direc- 
tion. (C.  O.  § 448a.) 

2.  Vehicles  having  precedence.  The  officers  and  men  of  the  fire 
department  and  of  the  fire  patrol,  with  their  apparatus  of  all  kinds, 
when  going  to,  or  on  duty  at  or  returning  from  a fire;  all  ambulances, 
whether  of  public  or  private  character,  and  all  other  vehicles  when 
employed  in  carrying  sick  or  injured  persons  to  hospitals  or  other 
places  for  relief  or  treatment;  vehicles  of  the  police  department; 
vehicles  of  the  several  bureaus  of  buildings;  emergency  wagons  of 
public  service  corporations,  and  vehicles  of  all  physicians  who  have  a 
police  permit  shall  have  the  right  of  way  in  any  street  and  through 


TRAFFIC  REGULATIONS 


337 


any  procession,  except  over  vehicles  carrying  the  United  States  mail. 
The  police  department  is  hereby  empowered  to  issue  a permit  for 
such  right  of  way  to  any  duly  registered  physician  making  applica- 
tion therefor,  which  permit  shall  not  be  transferable.  (C.  O.  § 449, 
amend.  July  2,  1912.) 

3.  Street  cars.  Subject  to  the  preceding  subdivisions  of  this  section, 
surface  cars,  running  on  tracks  laid  in  the  streets  especially  for  their 
use,  shall  have  the  right  of  way  along  such  tracks,  between  cross 
streets,  over  all  vehicles  moving  in  the  same  direction  at  a less  rate  of 
speed  than  15  miles  an  hour.  The  driver  of  any  vehicle  proceeding 
upon  the  track  in  front  of  a surface  car  shall  turn  out  as  soon  as 
possible  upon  signal  by  the  motorman  or  driver  of  the  car.  (C.  O. 
§ 450.) 

§ 16.  Obstruction  of  traffic. — 1.  General  provision.  No  person  shall 
stop  a cart,  or  any  other  vehicle,  on  any  crosswalk  or  intersection  of 
streets,  so  as  to  obstruct  or  hinder  the  travel  along  the  same;  nor 
place  any  cart  or  other  vehicle  crosswise  of  any  street,  except  to 
load  thereon  or  unload  therefrom,  but  in  no  case  shall  any  person 
permit  such  cart  or  other  vehicle  to  remain  crosswise  of  any  street 
for  a longer  period  than  may  be  actually  necessary  for  such  purpose. 

2.  Streets  used  by  surface  cars.  The  owner  or  occupant  of  any 
store,  warehouse  or  building  in  any  street,  in  which  the  rails  of  any 
railroad  company  are  laid  so  close  to  the  curbstones  as  to  prevent  the 
owner  or  occupant  from  keeping  any  such  cart  or  other  vehicle  in 
the  carriageway  in  front  of  his  place  of  business,  without  interference 
with  the  passing  cars  of  any  such  company,  may,  during  business 
hours,  occupy  so  much  of  the  sidewalk  as  may  be  necessary  for  a 
cart  or  other  vehicle;  provided  that  sufficient  space  be  allowed  for  the 
passing  of  pedestrians  between  the  cart  or  other  vehicle  and  the 
stoop  or  front  of  every  such  store,  warehouse  or  other  building. 

3.  Broadway,  Fifth  avenue  and  Park  row.  In  no  case  shall  any 
cart,  wagon  or  other  vehicle  be  placed  crosswise  of  the  carriageway  on 
Broadway  or  Fifth  avenue,  south  of  59th  street,  in  the  borough  of 
Manhattan,  nor  on  Park  row,  in  that  borough;  nor  shall  any  such 
cart,  wagon  or  other  vehicle  be  permitted  to  remain  in  front  of  any 
premises  on  Broadway  or  Fifth  avenue,  south  of  59th  street,  nor  on 
Park  row,  unless  placed  in  close  proximity  to  the  curb,  with  the  side 
of  such  cart,  wagon  or  other  vehicle  parallel  therewith.  (C.  O.  § 443.) 

§ 17.  Speed. — 1.  General  provisions. — No  person  shall  operate, 
drive  or  propel,  and  no  owner  thereof  riding  thereon  or  therein  shall 
cause  or  permit  to  be  operated,  driven  or  propelled,  on  any  street  or 
public  place,  any  bicycle,  tricycle,  velocipede,  motor-cycle,  motor- 
tricycle,  motor  delivery  wagon,  or  motor  vehicle  however  propelled, 
or  any  vehicle  drawn  by  horses  or  other  animals,  recklessly  or 
negligently,  or  at  a speed  or  in  a manner  so  as  to  endanger,  or  to  be 
likely  to  endanger,  the  life  or  limb  or  property  of  any  person.  A rate 
of  speed  exceeding  15  miles  per  hour  shall  constitute  prima  facie 
evidence  of  a prohibited  rate  of  speed  and  manner  of  driving,  and  of  a 
violation  of  the  provisions  of  this  section;  a rate  of  speed  exceeding 
20  miles  per  hour  shall  constitute  a prohibited  rate  of  speed  and 
manner  of  driving,  and  a violation  of  the  provisions  of  this  section, 
and  a rate  of  speed  exceeding  25  miles  per  hour,  on  a public  high- 
way which  passes  through  country  or  outlying  sections  that  are  sub- 
22 


338  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

stantially  undeveloped  and  sparsely  settled,  shall  constitute  a pro- 
hibited rate  of  speed  and  manner  of  driving,  and  a violation  of  the 
provisions  of  this  section.  (Ord.  Apr.  29, 1913.) 

§ 454,  as  to  speed  motor  vehicles  in  N.  Y.  City  not  repealed  by  Highway  Law, 
§§  280,  287,  288,  as  amend,  fixing  30  miles.  People  v.  Untermyer,  153  App.  Div.  176. 

As  to  liability  for  accidents  by  speeding  fire  wagons.  Farley  v.  Mayor,  152  N.  Y. 
222. 

As  to  Motor  Vehicle  Law  of  1904,  see  People  ex  rel.  Heiner  v.  Keeper,  etc.,  55 
Misc.  611. 

Limit  to  6 miles  an  hour,  valid.  City  Buffalo  v.  N.  Y.  Lake  Erie,  54  St.  Rep.  150, 

Changing  from  horse  to  electric  power  must  still  observe  speed  limitations. 
Martineau  v.  Rochester  Ry.  Co.,  81  Hun,  263. 

The  Board  of  Aldermen  has  no  power  to  pass  special  resolutions  for  speed  trials. 
Such  trials  in  the  public  highway  are  nuisances  for  which  the  city  may  be  liable. 
Johnson  v.  City  of  N.  Y.,  109  App.  Div.  821. 

2.  Turning  corners.  In  turning  a corner  of  meeting  or  intersecting 
highways,  no  person  operating,  driving  or  propelling  any  vehicle 
subject  to  the  provisions  of  subdivision  1 of  this  section  shall  pro- 
ceed, nor  shall  the  owner  of  any  such  vehicle  riding  thereon  or  therein, 
cause  or  permit  the  same  to  proceed  at  a rate  of  speed  greater  than 
4 miles  per  hour. 

3.  Overtaking  or  meeting  street  car.  In  overtaking  or  meeting  a 
street  car,  which  has  been  stopped  for  the  purpose  of  receiving  or 
discharging  a passenger,  no  vehicle  that  is  subject  to  the  provisions  of 
subdivision  1 of  this  section  shall  pass  or  approach  within  8 feet  of 
such  car  so  long  as  the  same  is  stopped  and  remains  standing,  for  the 
purpose  aforesaid. 

People  V.  Colan,  Rosalsky,  J.,  N.  Y.  L.  J.,  Apl.  23,  1914.  Owner  liable  as  well 
as  chauffeur  for  stopping  within  3 feet  of  car  which  had  stopped,  and  section  has  two 
offenses,  (1)  speeding,  and  (2)  not  stopping  near  street  car  taking  passengers. 

4.  Approaching  bridges;  passing  public  schools.  Upon  approaching 
a bridge,  or  in  passing  a public  school  on  school  days,  between  the 
hours  of  8 o^ clock  a.  m.  and  4 o’clock  p.  m.,  no  person  operating, 
driving  or  propelling  any  vehicle  subject  to  the  provisions  of  sub- 
division 1 of  this  section  shall  proceed,  nor  shall  the  owner  of  any 
such  vehicle  riding  thereon  or  therein  cause  or  permit  the  same  to 
proceed  at  a rate  of  speed  greater  than  10  miles  per  hour.  (Ord. 
Apr.  29,  1913.) 

5.  Congested  streets.  In  the  thickly  populated  residential  sections 
of  the  city,  the  police  commissioner  is  hereby  authorized  and  em- 
powered to  cause  signs  to  be  erected  or  maintained  in  any  street 
thereof,  at  any  time  of  the  day  or  night  when  such  street  shall  be 
congested  by  traffic  or  thronged  by  children,  which  shall  be  affixed 
to  stanchions  on  the  curb  or  other  conspicuous  places,  and  shall 
indicate  that  the  speed  limit  in  such  street  shall  be  not  more  than 
8 miles  per  hour.  No  person  operating,  driving  or  propelling  any 
vehicle,  subject  to  the  provisions  of  subdivision  1 of  this  section, 
shall  proceed,  nor  shall  the  owner  of  any  such  vehicle  riding  thereon 
or  therein,  cause  or  permit  the  same  to  proceed  at  a greater  speed 
than  8 miles  per  hour  upon  any  portion  of  any  street  so  restricted, 
during  the  time  when  any  such  sign  shall  be  erected  and  maintained 
thereon.  (Ord.  July  7,  1914.) 

6.  Exceptions.  Nothing  contained  in  any  of  the  provisions  of 
subdivision  1 of  this  section,  as  to  specific  rates  of  speed,  or  in  any 
of  the  provisions  of  either  subdivisions  2,  3,  4 or  5 hereof  shall  apply 


TRAFFIC  REGIULATIONS 


339 


to  vehicles  which  run  only  on  rails  or  tracks;  or  to  any  of  the  follow- 
ing vehicles,  when  the  same  are  responding  for  emergency  work  in 
case  of  fire,  accident,  public  disaster  or  impending  danger,  to  wit: 
wagons,  trucks  and  apparatus  of  the  fire  department,  the  insurance 
patrol,  the  police  department,  the  bureaus  of  buildings  or  the  militia; 
nor  to  ambulances  or  the  emergency  repair  wagons  of  public  service 
corporations.  (Ord.  Apr.  29,  1913,  as  amend.) 

7.  Violations.  Any  person  who  shall  operate,  drive  or  propel  and 
any  owner  thereof,  riding  thereon  or  therein,  who  shall  cause  or 
permit  any  vehicle  subject  to  the  provisions  of  subdivision  1 of  this 
section,  to  be  operated,  driven  or  propelled  in  violation  of  any  of 
the  provisions  of  this  article,  shall,  upon  conviction  for  the  first 
offense,  be  punished 'by  a fine  of  not  less  than  $25,  nor  more  than 
$100,  or  by  imprisonment  for  a term  of  not  less  than  2 days  nor 
more  than  15  days,  or  by  both  such  fine  and  imprisonment,  and  shall, 
upon  conviction  for  the  second  offense,  with  1 year  from  the  com- 
mission of  the  first  offense,  be  punished  by  a fine  of  not  less  than  $50, 
nor  more  than  $100,  or  by  imprisonment  for  a term  of  not  less  than 
3 days  nor  more  than  30  days,  or  by  both  such  fine  and  imprison- 
ment, and  shall  upon  conviction  for  the  third  offense,  and  for  each 
and  every  offense  subsequent  thereto,  within  1 year  from  the  com- 
mission of  the  first  offense,  be  punished  by  a fine  of  $100,  or  by 
imprisonment  for  a term  of  not  less  than  5 days  nor  more  than  60 
days,  or  by  both  such  fine  and  imprisonment;  provided,  however, 
that  in  construing  this  section  the  unit  of  any  one  year  shall  be  the 
basis  for  determining  the  first,’’  “second”  or  “third”  offense, 
the  numerical  order  changing  when  succeeding  convictions  occur, 
and  more  than  one  year  has  elapsed  after  an  original  “first,”  “sec- 
ond” or  “third”  offense.  (Ord.  Apr.  29, 1913,  amend.  Mar.  18,  1914.) 

§ 18.  Safety  stops  for  omnibuses  and  street  surface  railroad  cars. — 
1.  Fire  stops,  school  stops.  All  omnibuses  and  street  surface  railway 
cars  shall  come  to  a full  stop: 

(a)  At  all  points  where  a “Fire  Stop”  sign  is  exhibited: 

(b) .  At  all  points  where  a “School  Stop”  sign  is  exhibited,  between 
the  hours  of  8 a.  m.  and  9 a.  m.,  12  noon  and  1 p.  m.,  and  3 p.  m.  and 
5 p.  m.,  except  on  Saturdays,  Sundays  and  legal  holidays  and  during 
the  period  from  July  1 to  September  1,  inclusive.  Each  borough 
president  is  hereby  authorized  to  erect  signs,  bearing  the  words 
“School  Stop,”  on  each  side  of  streets  within  his  jurisdiction  which 
intersect  or  meet  the  street  on  which  a public  school  is  located  within 
500  feet  from  such  intersecting  or  meeting  street.  Such  signs  may 
be  placed  on  lamp  posts,  street  sign  posts,  trolley  poles,  trolley  span 
wires,  or  other  available  supports,  or,  in  the  absence  of  any  such 
existing  structure,  on  such  new  supports  as  he  may  find  necessary. 

2.  Passenger  stops.  Omnibuses  and  street  surface  railway  cars 
when  signaled  to  take  on  or  discharge  passengers  shall  come  to  a 
full  stop,  in  such  a position  as  not  to  obstruct  the  crosswalk,  before 
crossing  any  intersecting  or  connecting  street;  except  that,  with 
the  written  consent  of  the  police  commissioner,  and  upon  the  in- 
stallation of  “Bus  Stop”  or  “Trolley  Stop”  signs  by  the  omnibus 
companies  or  railway  companies  respectively,  omnibuses  and  street 
surface  railroad  cars  may  stop: 

(a)  At  other  points  on  unpaved  streets; 


340  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

(b)  In  the  centers  of  blocks  over  400  feet  long; 

(c)  On  the  far  side  of  any  street  containing  an  intersecting  street 
railway. 

3.  Intersecting  streets.  Omnibuses  and  street  surface  railway  cars 
may  cross  an  intersecting  or  connecting  street  without  stopping; 
provided  that,  in  each  case,  the  police  commissioner  shall  have 
given  his  written  consent  to  such  crossing,  and  the  omnibus  com- 
pany or  the  railway  company  shall  have  installed  a ^‘No  stop^’ 
sign  at  such  crossing,  and  provided  further  that  there  shall  be  a 
regular  stopping  place  with  a ^‘Bus  Stop^^  or  a ^‘Trolley  Stop^^ 
sign  installed  thereat,  within  200  feet  of  the  “No  Stop”  sign. 

4.  Violations.  Any  omnibus  company  or  street  surface  railway 
company  violating  any  provision  of  this  section,  shall,  upon  con- 
viction, be  punished  by  a fine  of  $10  for  each  offense. 


AKllCLE  3 

MISCELLANEOUS  REGULATIONS 

Sec.  30.  Advertising  vehicles. 

§ 31.  Bicycles. 

§ 32.  Cattle,  calves,  sheep  and  swine. 

§ 33.  City-owned  automobiles. 

§ 34.  Horse-racing. 

§ 35.  Ice  wagons. 

§ 36.  Motor  vehicles;  mufflers. 

§ 37.  Ocean  parkway;  restrictions. 

§ 38.  Processions  and  parades. 

§ 39.  Sleighs. 

§ 40.  Trade  wagons. 

§ 41.  Reasonable  care. 

§ 42.  Enforcement  of  chapter;  duties  of  police  department. 

Sec.  30.  Advertising  vehicles. — No  advertising  trucks,  vans  or 
wagons  shall  be  allowed  in  the  streets ; provided  that  nothing  herein 
contained  shall  prevent  the  putting  of  business  notices  upon  ordinary 
business  wagons,  so  long  as  such  wagons  are  engaged  in  the  usual 
business  or  regular  work  of  the  owner,  and  not  used  merely  or  mainly 
for  advertising.  (Manh.  Ords.  § 41.) 

“ Wagons  ” include  automobile  stages.  Fifth  Ave.  Coach  Co.  v.  City  of  N.  Y., 
126  App.  Div.  657. 

§ 31.  Bicycles. — 1.  Coasting.  No  bicycle  shall  be  allowed  to  pro- 
ceed in  any  street  of  the  city  by  inertia  or  momentum,  with  the 
feet  of  the  rider  removed  from  the  pedals.  (C.  O.  § 460.) 

2.  Trick  riding.  No  rider  of  a bicycle  shall  remove  both  hands 
from  the  handlebars,  nor  practice  any  trick  or  fancy  riding  in  any 
street.  (C.  O.  § 461.) 

3.  Carrying  children.  No  bicyclist  shall  carry  upon  his  bicycle 
any  child  under  the  age  of  5 years.  (C.  O.  § 462.) 

4.  Leading  bicycles.  Riders  of  bicycles,  when  dismounted,  may 
lead  their  bicycles  along  the  sidewalk  in  single  file,  and  bicycles 


TRAFFIC  REGULATIONS 


341 


may  be  allowed  to  stand  on  the  sidewalk,  provided  they  are  within 
the  stoop-line  and  cause  no  obstruction.  (C.  O.  § 467.) 

5.  Use  of  sidewalks.  No  bicycle  shall  be  ridden  on  the  sidewalks 
of  any  street  of  the  city.  (C.  O.  § 468,  amend.  June  30,  1914.) 

§ 32.  Cattle,  calves,  sheep  or  swine. — 1.  Driving  or  herding  in 
streets.  No  cattle,  calves,  sheep  or  swine  shall  be  driven  in  any  street 
without  a permit  from  the  police  commissioner  and  in  strict  accord- 
ance with  the  routes,  hours  and  other  conditions  prescribed  thereby; 
provided  that,  in  the  borough  of  Manhattan,  cattle,  calves,  sheep 
or  swine,  landed  at  the  foot  of  the  street  leading  to  the  slaughter- 
house to  which  they  shall  be  destined,  may  be  driven  along  such 
street,  if  the  same  shall  be  effectively  barred  or  closed  so  as  to  pre- 
vent the  escape  of  any  of  said  animals  during  their  transfer  from 
the  dock  to  the  slaughterhouse. 

2.  Leading  cattle.  No  person  shall  lead,  or  attempt  to  lead  or 
cause  to  be  led,  any  cattle,  otherwise  than  singly,  one  person  with 
each,  on  any  street  nor  upon  any  sidewalk. 

3.  Landing  in  Manhattan.  No  cattle,  calves,  sheep  or  swine  shall 
be  landed  in  the  borough  of  Manhattan  except  in  accordance  with 
the  provisions  of  this  section.  (Sanitary  Code.) 

§33.  City-owned  automobiles. — The  words  ^‘City  of  New  York^^ 
shall  be  painted  plainly  and  visibly  on  the  outside  of  the  back  of 
the  body  of  each  automobile  owned  by  the  city.  The  letters  of  such 
inscription  shall  be  at  least  5 inches  in  the  least  dimension,  and  the 
color  shall  contrast  with  the  color  of  the  body  of  the  car.  No  per- 
son shall  use  an  automobile  owned  by  the  city  which  is  not  lettered 
as  prescribed  herein;  provided,  however,  that  automobiles  used  by 
the  police  department,  in  the  detection  and  the  suppression  of  crime, 
shall  be  exempt  from  the  provisions  of  this  section.  (Ord.  Feb.  6, 
1912.) 

§ 34.  Horse-racing. — Except  as  provided  in  chapter  17  of  this 
ordinance,  no  person  shall  run  or  race  any  horse  in  any  street,  nor 
consent  to  or  suffer  such  racing,  under  the  penalty  of  $50  to  be  re- 
covered from  the  person  or  persons  who  shall  so  race,  or  suffer  or 
permit  such  racing,  and  the  owner,  rider  and  the  person  having  charge 
of  any  animal  which  shall  so  race  and  run,  severally  and  respectively. 
This  section  shall  be  construed  to  prevent  and  punish  the  running, 
racing  or  trotting  of  any  horse  or  horses,  for  any  trial  of  speed,  or 
for  the  purpose  of  passing  any  other  horse  or  horses,  whether  the 
same  be  founded  upon  any  stake,  bet  or  otherwise.  (Manh.  Ords. 
§§  89,  90.) 

But  special  speed  trials  allowed  in  the  public  highways  are  nuisance.  Johnson 
V.  City  N.  Y.,  109  App.  Div.  821. 

§ 35.  Ice  wagons. — No  person,  being  the  owner  or  driver  of  any 
wagon  used  for  the  sale  of  ice,  shall  permit  or  allow  the  scale  thereon 
or  the  beam  to  which  it  may  be  attached,  or  other  implements  for- 
handling  ice,  to  project,  or  hang  outside  or  beyond  the  side  of  such 
wagon  when  it  is  in  motion  in  any  street.  (Manh.  Ords.  § 88.) 

§ 36.  Motor  vehicles;  mufflers. — Every  motor  vehicle  propelled 
by  an  internal  combustion  engine,  shall,  when  such  engine  is  running- 
on  any  street  or  public  place,  be  equipped  with  a muffler  or  silencer 
through  which  all  of  the  exhaust  gases  from  the  engine  will  escape 
into  the  atmosphere.  No  operator  or  driver  of  any  motor  vehicle 


342  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

shall  use  any  cut-out,  fitting,  or  other  apparatus  or  device,  which 
will  allow  the  exhaust  gases  to  escape  into  the  atmosphere  without 
passing  through  such  muffler  or  silencer.  (Ord.  Apr.  16,  1912.) 

§ 37.  Ocean  parkway;  restrictions. — No  person  shall  drive  any 
vehicle  over  the  easterly  side  road  or  bridle  road  of  the  Ocean 
parkway,  between  Prospect  Park  and  the  Coney  Island  Concourse, 
in  the  borough  of  Brooklyn,  except  as  it  may  be  necessary  to  cart 
or  convey  supplies  to  the  residences  along  said  road,  or  building 
materials  to  buildings  in  course  of  construction  or  alteration  thereon. 
In  all  cases,  however,  vehicles  must  enter  said  road  from  the  street 
nearest  to  the  residence  or  house  in  course  of  construction,  and 
must  leave  the  same  at  the  next  intersecting  street.  (C.  O.  § 83.) 

§ 38.  Processions  and  parades. — 1.  Permits.  No  procession,  parade 
or  race  shall  be  permitted  upon  any  street  or  in  any  public  place 
without  a written  permit  first  obtained  from  the  police  commissioner. 
Application  for  such  permit  shall  be  made  in  writing,  upon  a suitable 
form  prescribed  and  furnished  by  the  police  department,  not  less 
than  36  hours  previous  to  the  forming  or  marching  of  such  procession, 
parade  or  race.  The  police  commissioner  shall,  after  due  investiga- 
tion of  such  application,  grant  such  permit  subject  to  the  following: 

2.  Restrictions: 

(a)  He  shall  not  grant  a permit  where  he  has  good  reason  to  be- 
lieve that  the  proposed  procession,  parade  or  race  will  be  disorderly 
in  character  or  tend  to  disturb  the  public  peace. 

(b)  The  commissioner  shall  not  grant  a permit  for  the  use  of  any 
street  or  any  public  place,  or  material  portion  thereof,  which  is  ordi- 
narily subject  to  great  congestion  of  traffic  and  is  chiefly  of  a business 
or  mercantile  character,  except  upon  those  holidays  when  the  places 
of  business  along  the  route  proposed  are  closed,  or  on  Sunday  when 
permitted  by  law  on  that  day,  or  on  other  days  between  the  hours 
of  6.30  p.  m.  and  9 a.  m. 

(c)  Each  such  permit  shall  designate  specifically  the  route  through 
which  the  procession,  parade  or  race  shall  move,  and  it  may  also 
specify  the  width  of  the  roadway  to  be  used,  and  may  include  such 
rules  and  regulations  as  the  commissioner  may  deem  necessary. 

(d)  Special  permits  for  occasions  of  extraordinary  public  interest, 
not  annual  or  customary,  or  not  so  intended  to  be,  may  be  granted 
by  the  commissioner  for  any  street  or  public  place,  and  for  any  day  or 
hour,  with  the  written  approval  of  the  mayor. 

(e)  The  chief  officer  of  any  procession,  parade  or  race,  for  which 
a permit  may  be  granted  by  the  commissioner,  shall  be  responsible 
for  the  strict  observance  of  all  rules  and  regulations  included  in  said 
permit. 

3.  Exemptions.  This  section  shall  not  apply : 

(a)  To  the  ordinary  and  necessary  movements  of  the  United 
States  army,  United  States  navy,  national  guard,  police  department 
and  fire  department;  nor 

(b)  To  such  portion  or  portions  of  any  street  which  may  have 
already  been  or  may  hereafter  be  duly  set  aside  as  a speedway  or 
as  speedways,  nor 

(c)  To  processions  or  parades  which  have  marched  annually  upon 
the  streets  for  more  than  10  years,  previous  to  July  7,  1914. 

4.  Violations.  Every  person  participating  in  any  procession. 


TRAFFIC  RFGULATIOKS 


343 


parade  or  race,  for  which  a permit  has  not  been  issued  when  required 
by  this  section,  shall,  upon  conviction  thereof,  be  punished  by  a 
fine  of  not  more  than  $25,  or  by  imprisonment  for  not  exceeding 
10  days,  or  by  both  such  fine  and  imprisonment.  (Ord.  July  7,  1914.) 

§ 39.  Sleighs. — No  person  shall  drive  a horse  before  a sleigh  or 
sled  through  any  street,  unless  there  shall  be  a sufficient  number  of 
bells  attached  to  the  harness  or  sleigh  to  warn  persons  of  its  ap- 
proach. (Manh.  Ords.  § 91.) 

§ 40.  Trade  wagons. — ^Trade  wagons  shall  not  be  allowed  to  col- 
lect on  any  street  or  public  place,  to  the  obstruction  of  travel  or 
the  annoyance  of  persons  coming  and  going  on  the  streets,  sidewalks 
or  cross  walks,  or  any  property  owner  or  resident  in  the  vicinity. 
(New.) 

§ 41.  Reasonable  care. — Nothing  contained  in  or  omitted  from 
this  chapter  shall  be  construed  or  held  to  relieve  any  person  using, 
traveling,  or  being  upon  any  street,  for  any  purpose  whatsoever, 
froni  exercising  all  reasonable  care  to  avoid  or  prevent  injury  through 
collision  with  all  other  persons  and  vehicles.  (C.  O.  § 470.) 

§ 42.  Enforcement  of  chapter;  duties  of  police  department. — ^The 
police  department  shall  have  exclusive  control  of  the  management 
of  vehicular  traffic.  The  police  commissioner  shall  cause  suitable 
abstracts  of  the  provisions  of  this  chapter  to  be  posted  in  all  public 
stables  and  garages,  and  at  all  hack,  cab  and  truck  stands.  He 
shall  cause  copies  thereof  to  be  kept  at  all  police  stations,  to  be  issued 
to  the  public  on  application  without  charge.  (C.  O.  §§  472,  473.) 


344  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


CHAPTER  26 
Water  Supply 

Article  1.  Construction  and  maintenance. 

2.  Rents  and  charges. 

3.  Use  of  water. 


ARTICLE  1 

CONSTRUCTION  AND  MAINTENANCE 

Sec.  1.  Emergency  repairs. 

§ 2.  Pollution  of  or  interference  with  water  supply. 

§ 3.  Trespass  on  water  supply  property. 

§ 4.  Obstruction  of  stop-cocks. 

§ 5.  Hydrants  to  be  kept  closed. 

§ 6.  Connections. 

§ 7.  Public  wells. 

§ 8.  Violations. 

Sec.  1.  Emergency  repairs. — In  case  of  any  unexpected  casualty 
or  damage  to  the  pipes,  reservoirs  or  other  structures  connected 
with  the  city^s  water  supply,  the  chief  engineer  of  the  department 
of  water  supply,  gas  and  electricity,  under  direction  of  the  commis- 
sioner, shall  take  immediate  measures  for  the  preservation  and  re- 
pair of  the  same,  the  expense  of  which  shall  be  paid  on  his  requisition 
by  the  warrant  of  the  comptroller.  (C.  O.  § 285.) 

§ 2.  Pollution  of  or  interference  with  water  supply. — No  person 
shall  bathe  in,  or  go  into  the  water  supply  reservoir,  or  any  part  of  a 
city  aqueduct;  nor  shall  any  person  throw  stones,  chips  or  dirt,  or 
any  other  material,  substance  or  thing  whatever  into  any  reservoir, 
gate-house,  ventilator,  aqueduct,  fountain  or  basin;  nor  shall  any 
person  in  any  manner  injure  or  disfigure  any  part  of  the  water  works 
system  of  the  city.  (C.  O.  § 286.) 

§ 3.  Trespass  on  water  supply  property. — No  person  shall  trespass 
on  any  part  of  the  embankment  of  a water  supply  reservoir,  nor 
go  or  remain  thereon  without  permission  of  the  proper  persons 
having  charge  of  the  same;  nor  shall  any  person  fail  or  refuse  to 
comply  with  the  regulations  of  the  commissioner  of  water  supply, 
gas  and  electricity  as  to  the  times  when  citizens  shall  leave  the 
embankment  of  a reservoir,  or  the  grounds  or  buildings  attached 
thereto.  (C.  O.  § 287.) 

§ 4.  Obstruction  of  stop-cocks. — No  person  shall  obstruct  access 
to  a stop-cock  connected  with  a water  pipe,  by  placing  thereon  stone, 
brick,  lumber,  dirt,  or  any  other  materials;  nor  shall  any  person 
permit  any  such  material  to  be  placed  thereon  by  those  in  his  employ. 
(C.  O.  § 295.) 

§ 5.  Hydrants  to  he  kept  closed. — The  commissioner  shall  cause 
all  water  supply  hydrants  to  be  kept  closed.  Except  in  case  of  fire 


WATER  SUPPLY 


345 


and  for  the  purpose  of  extinguishing  the  same,  or  when  otherwise 
authorized  by  law  or  ordinance,  no  person  shall  take  or  use  the 
water  from  any  hydrant.  (C.  O.  §§  200,  292.) 

§ 6.  Connections. — No  street  shall  be  opened  nor  shall  any  pipe 
be  bored  or  connection  be  made  with  any  main  or  pipe  for  water 
supply  purposes,  except  under  the  direction  of  the  commissioner, 
under  the  penalty  of  $50  for  each  offense. 

§ 7.  Public  wells. — No  person  shall  dig  a well  in  any  street  or  pub- 
lic place,  and  the  president  of  the  borough  in  which  any  such  well 
shall  be  dug  shall  cause  the  same  in  all  cases  to  be  filled  up.  (C.  O. 
§ 198.) 

§ 8.  Violations. — Any  person  who  shall  violate  any  provision  of 
this  article  shall,  upon  conviction  thereof,  be  punished  by  a fine 
of  not  more  than  $50,  or  by  imprisonment  for  not  exceeding  30  days, 
or  by  both  such  fine  and  imprisonment.  (C.  O.  § 286,  penal  clause.) 


ARTICLE  2 

RENTS  AND  CHARGES 

Sec.  20.  Frontage  rents. 

§ 21.  Extra  and  miscellaneous  rates  where  supply  is  not  metered. 
§ 22.  Meter  rates. 

§ 23.  Supply  discontinued  on  non-payment. 

§ 24.  Connection  charges. 

§ 25.  Report  of  receipts  by  water  register. 

Sec.  20.  Frontage  rents. — The  annual  frontage  rents  on  premises 
wholly  or  partly  unmetered,  to  be  collected  by  the  department  of 
water  supply,  gas  and  electricity  shall  be  as  follows,  to  wit: 


Front  width  of  building.  One-Story. 


16  feet  and  under $400 

16  feet  to  18  feet 5 00 

18  feet  to  20  feet 6 00 

20  feet  to  223^  feet 7 00 

22K  feet  to  25  feet 8 00 

25  feet  to  30  feet 10  00 

30  feet  to  373^  feet 12  00 

373^  feet  to  50  feet 14  00 


For  each  additional  story  $1  per  annum  shall  be  added;  and  for 
each  additional  10  feet  or  part  thereof,  above  50  feet  in  front  width 
of  building,  $2  shall  be  added. 

All  rear  buildings  on  any  lot  or  lots,  with  front  buildings  thereon, 
shall  pay  an  annual  frontage  rate  of  $5  for  each  25  feet  front,  or 
fraction  thereof,  but  this  provision  shall  not  apply  to  buildings 
erected  on  corner  lots,  each  of  which  buildings  shall  pay  the  regular 
rates  as  stated  in  the  foregoing  subdivisions. 

The  apportionment  of  the  regular  frontage  rates  upon  buildings 


346 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


shall  be  on  the  basis  that  but  one  family  is  to  occupy  same,  and  for 
each  additional  family  or  apartment,  $1  per  year  shall  be  charged. 
(C.  O.  § 282,  amend.  June  10,  1913.) 

Power  to  fix  rates  is  in  Bd.  of  Aldermen  and  not  in  Comr.  § 473,  N.  Y.  Charter. 
Sayer  v.  New  York,  208  N.  Y.  159. 

Water  rates  are  general  taxes  and  not  included  in  tax  exempt  special  clauses. 
Matter  of  Y.  W.  C.  A.,  156  App.  Div.  295. 

An  owner  is  not  entitled  to  an  injunction  unless  meter  has  been  installed  as  de- 
manded. Johnson  Kohn  Co.  v.  Thompson,  73  Misc.  103. 

As  to  meters  see  Hill  v.  Thompson,  48  Super.  Ct.  481  and  50  Super.  Ct.  165. 

§ 21.  Extra  and  miscellaneous  rates  where  supply  is  not  metered. — 

1 .  Baths — shall  be  charged  $3  each  per  annum,  one  bath  supplied  to 
each  house  free  of  additional  charge. 

2.  Baths  in  barber  shop,  public  houses  and  building  establish- 
ments— shall  be  charged  $5  each  per  annum. 

3.  Shower  baths  not  installed  over  bath  tubs,  and  sitz  baths,  shall 
be  charged  same  as  baths. 

4.  Water-closets  and  urinals  of  every  description — $2  each  per 
annum;  one  water-closet  in  each  house  supplied  free  of  additional 
charge. 

5.  Bakeries — Each  oven  $5  per  annum. 

6.  Barber  shops — Each  up  to  and  including  3 chairs,  $5  per 
annum;  for  each  additional  chair,  $1  per  annum. 

7.  Barges  (without  steam) — Each,  $5  per  annum,  water  for 
domestic  use  only. 

8.  Boilers  of  boats  or  not  permanent — The  monthly  rate  for  water 
supply  for  hoisting,  steam  rolling,  dredging,  erecting,  hauling,  pile 
driving,  derricks,  diggers,  conveyers  and  all  floating  or  portable 
steam  plants  and  steamboats,  except  water  boats  supplying  shipping, 


shall  be  as  follows: 

Up  to  and  including  10  horsepower $1  00; 

Up  to  and  including  15  horsepower 1 50; 

Up  to  and  including  20  horsepower 2 00; 

Up  to  and  including  25  horsepower 2 50; 

Up  to  and  including  30  horsepower 3 00; 

Up  to  and  including  35  horsepower 3 50; 

Up  to  and  including  40  horsepower 4 00; 

Up  to  and  including  45  horsepower 4 50; 

Up  to  and  including  50  horsepower 5 00; 

Up  to  and  including  55  horsepower 5 50; 

Up  to  and  including  60  horsepower 6 00; 

Up  to  and  including  65  horsepower 6 50; 

Up  to  and  including  70  horsepower 7 00; 

Up  to  and  including  75  horsepower 7 50; 

Up  to  and  including  80  horsepower 8 00; 

Up  to  and  including  85  horsepower 8 50; 

Up  to  and  including  90  horsepower 9 00; 

Up  to  and  including  95  horsepower 9 50; 

Up  to  and  including  100  horsepower 10  00; 


Above  100  horsepower,  at  the  rate  of  10  cents  per  horsepower  per 
month,  using  the  multiple  of  5 as  in  above  table.  An  allowance  of 
33^3  per  cent,  in  the  above  rates  shall  be  made  where  condensers  are 
used. 

9.  Boiler  testing — All  boats,  in  addition  to  paying  the  regular  fixed 


WATER  SUPPLY 


347 


charges,  shall  pay  an  extra  charge  of  $100  per  annum  when  engaged 
or  employed  in  furnishing  water  in  the  testing  of  boilers  in  other 
boats. 

10.  Bottling  establishments — Each  bottle-washing  apparatus,  ma- 
chine or  tub,  $10  per  annum. 

11.  Building  purposes — Stone  work,  terra  cotta,  concrete,  fire- 
proofing, brick  work,  and  all  other  forms  of  masonry,  5 cents  per 
cubic  yard. 

12.  Plastering^  40  cents  per  100  square  yards,  openings  not  in- 
cluded. 

13.  Caisson  sinking  and  air  compressors — 10  cents  per  100  cubic 
feet. 

14.  Condensers — 10  cents  per  hundred  cubic  feet. 

15.  Conservatories — Same  as  florists. 

16.  Demolition — For  wetting  down  while  buildings  are  being  de- 
molished, a charge  shall  be  made  equal  to  one-fourth  of  the  annual 
f rontage  rate  of  said  building. 

17.  Dentist — Each  fountain  cuspidor,  $1  per  annum. 

18.  Dining  saloons  and  restaurants — $8  per  annum. 

19.  Fish  stands — Each,  $10  per  annum.  If  live  fish  are  sold,  other 
than  shell  fish,  $25  per  annum. 

20.  Florists — Each,  $5  per  annum. 

21.  Horse  troughs — For  each  trough  and  for  each  one-half  barrel  or 
tub  on  sidewalk  or  street,  $20  per  annum. 

22.  Laundries — Each  wash  tub,  washing  machine  or  apparatus  for 
washing  clothes,  $5  per  annum. 

23.  Liquor  and  lager  beer  saloons — For  each  bar,  $10  per  annum, 
and  an  additional  charge  of  $5  for  each  wash  box.  For  each  beer 
pump  using  water  in  its  operation,  $50  per  annum. 

24.  Milk  depots — For  the  purpose  of  washing  cans  or  bottles,  each 
washing  machine,  tub  or  washing  apparatus,  $10  per  annum. 

25.  Photograph  galleries — Each  faucet  or  outlet,  $5  per  annum. 

26.  Soda  or  mineral  water  fountains — Each,  $5  per  annum.  One 
washbox  allowed.  For  each  additional  washbox  $3  per  annum. 

27.  Sodaj  mineral  or  carbonic  water  manufacturer — For  each  ma- 
chine or  apparatus  (retail),  $10  per  annum;  for  each  machine  or 


apparatus  (wholesale),  $100  per  annum. 

28.  Stalls — In  stables,  $1  each  per  annum. 

29.  Water  boats  (steam) — Monthly  charges,  according  to  tank 
capacity  of  each  boat,  shall  be  as  follows: 

12,000  gallons  or  less $ 25  00 

12.000  to  20,000  gallons 37  50 

20.000  to  30,000  gallons 50  00 

30.000  to  40,000  gallons 62  50 

40.000  to  60,000  gallons 75  00 

60.000  to  100,000  gallons 100  00 

30.  Water  boats  (motor) — Shall  be  charged  monthly,  according  to 
tank  capacity  of  each  boat,  as  follows: 

3.000  gallons  or  less $ 7 50 

Over  3,000  gallons,  but  not  exceeding  6,000  gallons ....  15  00 

Over  6000  gallons,  but  not  exceeding  12,000  gallons 25  00 

Over  12,000  gallons,  the  rate  for  steam  water  boats  shall 

be  charged. 


348 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


31.  Wash  drills  (all  kinds) — 10  cents  per  100  cubic  feet.  (C.  O. 
§ 282,  as  amended  by  Ord.  of  June  10, 1913.) 

32.  Unspecified — All  charges  not  herein  mentioned  or  fixed  are 
reserved  for  special  contract,  by  and  with  the  commissioner.  (C.  O. 
§ 282,  amend.  June  10, 1913.) 

§ 22.  Meter  rates, — The  charge  for  water  measured  by  meter  shall 
be  10  cents  per  100  cubic  feet.  (C.  O.  § 282,  amend.  June  10,  1913.) 

§ 23.  Supply  discontinued  on  non-payment. — The  supply  of  water 
shall  be  cut  off  in  all  cases  where  the  rent  therefor  is  behind  and  un- 
paid 10  days.  (C.  O.  § 284.) 

§ 24.  Connection  charges. — All  persons  contracting  for  a supply  of 
water  shall  pay  the  cost  of  the  materials  and  labor  used  and  expended 
on  the  streets,  necessary  to  make  the  connection  with  the  conduit 
pipes,  or  pay  such  annual  interest  thereon  as  required  by  the  rules 
and  regulations  of  the  commissioner.  (C.  O.  §§  207,  289.) 

§ 25.  Report  of  receipts  by  water  register. — The  water  register,  or  the 
cashier  of  the  water  register’s  oflSce,  shall  on  each  day,  except  Sunday 
of  each  week,  render  to  the  comptroller  an  account,  under  oath,  of  all 
moneys  received  by  him,  showing  the  amounts  received,  from  all 
classes  of  revenue,  and  shall  thereupon  pay  over  the  amounts  so 
received  to  the  chamberlain,  furnishing  to  the  comptroller  a receipt 
showing  the  payment  of  such  sums  into  the  city  treasury.  He  shall 
also,  if  required  by  the  comptroller,  make  a separate  daily  report 
showing  all  the  items  comprising  the  amounts  received  by  him,  in 
form  satisfactory  to  the  comptroller.  (C.  O.  § 281.) 


ARTICLE  3 

USE  OF  WATER 


Sec.  40.  Street  cleaning. 

§ 41.  Traffic  in  water. 

§ 42.  Washing  down  streets  from  private  connection. 

§ 43.  Washing  vehicles. 

§ 44.  Watering  horses. 

Sec.  40.  Street  cleaning. — The  commissioner  of  water  supply, 
gas  and  electricity  shall,  at  all  times  when  the  general  supply  of 
water  is  not  thereby  endangered,  permit  the  hydrants  to  be  used 
for  cleaning  the  streets,  under  his  regulation.  (C.  O.  § 293.) 

§ 41.  Traffic  in  water. — No  person,  except  such  as  may  be  licensed 
by  the  commissioner,  shall  take  water  from  any  hydrant  or  water 
connection  erected  or  to  be  erected  in  the  city,  and  attached  to  the 
water  pipes,  for  the  purpose  of  using  the  same  on  any  boat,  vessel, 
barge  or  pile-driver,  or  for  the  purpose  of  selling  or  offering  the  same 
for  sale  to  the  owner  of  any  boat,  vessel,  barge,  or  pile-driver.  (C.  O. 
§291.) 

§ 42.  Washing  down  streets  from  private  connections. — No  person 
shall  wash  any  street,  sidewalk,  area  way,  steps,  building  or  other 
place  or  thing,  from  the  1st  day  of  December  to  the  1st  of  April 
following,  by  means  of  hose  or  piping,  where  the  water  runs  upon  a 
street,  sidewalk  or  other  public  place.  Water  may  be  so  used  from 


WATER  SUPPLY 


349 


the  1st  day  of  April  to  the  last  day  of  November  of  each  year,  be- 
tween the  hours  of  4 p.  m.  and  8 a.  m.,  but  city  water  shall  not  be 
so  used  until  permit  therefor  shall  first  have  been  obtained  from  the 
department  of  water  supply,  gas  and  electricity.  No  charge  shall 
be  made  for  such  permit  when  the  water  used  is  paid  for  according 
to  meter  registration;  where  no  meter  is  used  there  shall  be  a charge 
of  $5  for  using  city  water  during  the  period  covered  by  the  permit. 
(C.  O.  § 294,  amend.  Apr.  14,  1914.) 

§ 43.  Washing  vehicles. — No  person  shall  wash  or  cause  to  be 
washed  any  carriage,  wagon,  or  other  vehicle  on  any  street  or  public 
place.  (C.  O.  § 205.) 

§ 44.  Watering  horses. — 1.  Bucket-filling  equipment.  All  publicly 
owned  watering  troughs,  and  those  erected  or  maintained  by  the 
American  Society  for  the  Prevention  of  Cruelty  to  Animals,  shall  be 
provided  with  the  necessary  piping  and  fixtures  to  enable  the  filling 
of  pails  with  water  therefrom,  or  otherwise  modified  in  construction 
so  as  to  meet  the  requirements  of  the  board  of  health.  The  supply 
of  water  for  such  troughs  shall  be  furnished  by  the  department  of 
water  supply,  gas  and  electricity.  All  other  horse  watering  troughs 
on  streets  and  public  places  shall  likewise  be  provided  with  the  piping 
and  fixtures  necessary  to  enable  the  filling  of  pails  with  water,  and 
the  use  of  the  water  for  that  purpose  shall  be  paid  for  in  the  manner 
provided  in  this  chapter.  All  horse  watering  stations  in  streets  and 
public  places,  hereafter  constructed  or  operated,  shall  conform  to 
the  provisions  of  this  section  and  be  subject  thereto.  No  person 
shall  draw  water  from  these  fixtures  for  a purpose  other  than  watering 
horses  or  other  animals,  nor  shall  any  person  tamper  with  the  said 
fixtures. 

2.  Horse-buckets.  Every  commercial  vehicle  to  which  a horse  is 
attached  must  be  provided,  while  on  the  public  thoroughfares  of 
the  city,  with  a watering  pail,  which  shall  be  used  only  for  the  pur- 
pose of  watering  or  feeding  the  horse  or  horses  attached  to  the 
vehicle. 

3.  Temporary  relief  stations.  Nothing  in  this  section  shall  prevent 
the  establishment  of  temporary  relief  stations  in  conformity  with 
such  requirements  as  may  be  imposed  by  the  board  of  health,  with 
the  consent  of  the  commissioner  of  water  supply,  gas  and  electricity. 
(Ord.  July  7,  1914.) 


350  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


CHAPTER  26 
Weights  and -Measures 

Article  1.  Bureau  of  weights  and  measures. 

2.  Regulation  of  weights  and  measures. 

3.  Standards  for  various  commodities. 

ARTICLE  1 

BUREAU  OF  WEIGHTS  AND  MEASURES 

Sec.  1.  Organization. 

§ 2.  Trading  restriction. 

§ 3.  Jurisdiction. 

§ 4.  Duties  of  inspectors. 

Sec.  1.  Organization. — There  shall  be  a mayor^s  bureau  of  weights 
and  measures  in  charge  of  a commissioner  of  weights  and  measures, 
to  be  appointed  by  the  mayor  and  removable  by  him  at  pleasure. 
The  salary  of  the  commissioner  shall  be  $5,000  per  annum.  In- 
spectors of  weights  and  measures  shall  be  appointed  by  the  com- 
missioner, and  all  complaints  against  inspectors  shall  be  lodged 
with  the  commissioner,  to  be  by  him  reported,  with  his  recommenda- 
tion thereon,  to  the  mayor  for  his  action.  (C.  O.  §§  380,  402.) 

§ 2.  Trading  restriction. — The  commissioner  shall  not,  nor  shall 
any  inspector  or  other  employee  of  the  bureau,  engage  in  the  busi- 
ness of  manufacturing,  vending  or  selling  any  weight,  measure, 
scale,  balance,  steelyard  or  other  instrument  for  weighing  or  meas- 
uring, under  the  penalty  of  $50  for  each  such  offense.  (C.  O.  § 400.) 

§ 3.  Jurisdiction. — Each  inspector  of  weights  and  measures  is 
hereby  authorized,  to  inspect,  examine,  test  and  seal,  at  least  once 
in  each  year,  and  as  often  as  the  commissioner  may  deem  proper, 
all  weights,  measures,  scale  beams,  patent  balances,  steelyards  and 
other  instruments  used  in  weighing  and  measuring.  Upon  the  writ- 
ten request  of  any  resident  of  the  city,  the  commissioner  shall  test 
or  cause  to  be  tested,  within  a reasonable  time  after  the  receipt  of 
such  request,  the  weights,  measures,  scale  beams,  patent  balances, 
steelyards  or  other  instruments  used  in  buying  or  selling  by  the 
person  making  such  request.  All  such  appliances  shall  be  made 
to  conform  to  the  standard  of  the  State,  and  shall  be  marked  by 
the  inspector  with  the  initials  of  his  name  and  the  date  on  which 
the  same  shall  be  sealed  and  marked.  (C.  O.  §§  385,  392.) 

§4.  Duties  of  inspectors. — 1.  Reports.  Each  inspector  of  weights 
and  measures  shall  report  promptly  to  the  commissioner  the  names 
of  all  persons  whose  weights,  measures  or  other  instruments  for 
weighing  and  measuring  shall  be  found  to  be  incorrect.  Each  in- 
spector shall  file  a daily  report  with  the  commissioner,  and  make 
such  other  and  further  reports  and  keep  such  further  records  as 
may  be  required,  from  time  to  time,  by  the  comm*  O. 

§§  397,  398.) 


WEIGHTS  AND  MEASURES 


351 


2.  Return  of  testing  instruments.  Whenever  any  inspector  shall 
resign  or  be  removed  from  office,  he  shall  deliver  at  the  office  of  the 
commissioner  all  the  standard  weights  and  measures  and  other 
official  property  in  his  possession.  (C.  O.  § 403.) 

ARTICLE  2 

REGULATION  OF  WEIGHTS  AND  MEASURES 

Sec  10.  Testing,  sealing  and  marking. 

§ 11.  Measures  and  containers. 

§ 12.  Sale  of  weights  and  measures. 

§ 13.  Use  of  untested  weights  and  measures. 

§ 14.  Confiscation  of  false  weights  and  measures. 

§ 15.  Alteration  of  tested  appliances. 

§ 16.  Defrauding  by  false  weights  or  measures. 

§ 17.  Use  of  inaccurate  weights  or  measures. 

§ 18.  Repair  of  inaccurate  appliances. 

§ 19.  Right  of  inspection. 

§ 20.  Certificate  of  inspection. 

§ 21.  Interference  with  inspectors. 

§ 22.  Violations. 

Section  49  of  the  Greater  New  York  Charter  gives  the  Board  of  Aldermen  power 
to  enact  ordinances : “ 1 . In  relation  to  the  inspection  and  sealing  of  weights  and 
measures  by  vendors.”  Such  power  held  valid.  People  ex  rel.  Gould  v.  City  of 
Rochester,  45  Hun.  102.  But  no  fees  could  be  demanded  for  weighing  unless 
specially  authorized  by  legislature.  Ford  v.  N.  Y.  Central  R.  R.  Co.,  33  App.  Div. 
474.  See  People  v.  Edelstein,  91  App.  Div.  447. 

Sec.  10.  Testing,  sealing  and  marking. — All  persons  using  weights 
and  measures,  scale  beams,  patent  balances,  steelyards,  or  any 
other  instrument  used  in  weighing  or  measuring  any  article  intended 
to  be  purchased  or  sold,  shall  cause  the  same  to  be  tested,  sealed  and 
marked  by  the  commissioner  or  an  inspector  of  the  bureau,  unless 
the  same  have  been  already  so  tested,  sealed  and  marked  by  the 
inspector  as  hereinafter  provided.  No  person  shall  use  any  weight, 
measure,  scale  beam,  patent  balance,  steelyard,  or  any  other  instru- 
ment in  weighing  or  measuring  any  commodity  or  article  of  merchan- 
dise intended  for  purchase  or  sale,  unless  the  same  shall  have  been  so 
tested,  sealed  and  marked.  Each  inspector  shall  make  a record  and 
certificate,  as  hereinafter  provided,  of  all  the  weights,  measures, 
scale  beams,  patent  balances,  steelyards  and  other  instruments  used 
for  weighing  and  measuring  inspected  by  him,  in  which  he  shall 
state  the  names  of  the  owners  of  the  same,  and  whether  they  conform 
to  the  standards  of  the  State.  (C.  O.  §§  383,  384,  396.) 

§ 11.  Measures  and  containers. — No  person  shall  manufacture, 
construct,  sell,  offer  for  sale,  or  give  away,  any  dry  measure  or  liquid 
measure,  nor  any  barrel,  pail,  basket,  vessel,  container,  intended  to 
be  used  in  the  purchase  or  sale  of  any  commodity  or  article  of  mer- 
chandise, which  shall  not  be  so  constructed  as  to  conform  to  the 
standards  provided  by  statute;  nor  shall  any  person  use  any  barrel, 
cask,  pail,  basket,  vessel  or  container,  in  the  purchase  or  sale  of  any 
commodity  or  article  of  merchandise,  which  does  not  conform  to  the 
standards  provided  by  law.  (C.  O.  § 395a.) 


352 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 12.  Sale  of  weights  and  measures. — No  person  shall  sell,  offer  for 
sale,  or  give  away  any  weights,  scales,  beams,  measures  of  any  kind, 
or  the  tools,  appliances  or  accessories  connected  with  any  and  all 
instruments  or  mechanical  devices  for  weighing  or  measuring,  in- 
tended to  be  used  for  the  purchase  or  sale  of  any  commodity  or 
article  of  merchandise,  or  for  public  weighing,  until  a type  or  types  of 
the  said  weights,  scales,  beams,  measures  of  every  kind,  or  the  tools, 
appliances  or  accessories  connected  with  any  and  all  instruments  or 
mechanical  devices  for  measurement  or  public  weighing  with  specifi- 
cations as  to  construction,  shall  have  been  submitted  to  and  approved 
by  the  commissioner  of  weights  and  measures.  The  commissioner 
shall,  when  said  types  are  approved,  designate  a serial  number,  which 
serial  number  shall  be  used  in  identifying  the  type  approved.  A rec- 
ord of  the  serial  numbers  and  to  whom  furnished  shall  be  kept  in 
the  office  of  the  commissioner.  No  person  shall  sell,  offer  for  sale,  or 
give  away  any  weight,  scale,  beam  or  measure  of  any  kind,  or  the 
tools,  appliances  or  accessories  connected  with  any  instrument  or 
mechanical  device  for  weighing  or  measuring,  intended  to  be  used  for 
the  purchase  or  sale  of  any  commodity  or  article  of  merchandise  or 
for  public  weighing,  that  does  not  comply  with  the  specifications  and 
type  submitt^  and  approved  by  the  commissioner,  as  provided  in 
this  section.  The  commissioner  shall  keep  a register  of  the  name  of 
each  person  whose  weights,  measures,  scale  beams,  patent  balances, 
steelyards  or  other  instruments  have  been  inspected,  together  with 
the  number  and  size  of  same,  and  what  of  each  was  approved  and 
what  condemned,  with  the  date  of  inspection,  and  such  record  shall 
be  open  to  the  inspection  of  the  public  at  all  reasonable  times. 
(C.  O.  § 384a.  amend.) 

§ 13.  Use  of  untested  weights  and  measures. — No  person  shall  sell  or 
offer  for  sale  any  commodity  or  article  of  merchandise  in  any  market 
or  in  any  public  street  or  other  place,  at  or  for  a greater  weight  or 
measure  than  the  true  measure  or  weight  thereof;  and  all  ice,  coal, 
coke,  meats,  poultry,  butter  and  butter  in  prints,  provisions,  and  all 
other  commodities  and  articles  of  merchandise  (except  vegetables 
sold  by  the  head  or  bunch)  sold  in  the  streets  or  elsewhere  shall  be 
weighed  or  measured  by  scales,  measures  or  balances,  or  in  measures 
duly  tested,  sealed  and  marked  by  the  commissioner  or  an  inspector 
of  the  bureau;  provided,  that  poultry  may  be  offered  for  sale  and 
sold  in  other  manner  than  by  weight,  but  in  all  cases  where  the  person 
intending  to  purchase  shall  so  desire  and  request  poultry  shall  be 
weighed  as  hereinbefore  provided.  (C.  O.  § 388.) 

Canned  goods  and  goods  sold  in  jars  not  included  in  this  section  which  applies 
to  goods  sold  only  by  weight  on  scales.  New  York  v.  Fredericks,  206  N.  Y.  618, 
aff’g  150  App.  Div.  83. 

This  section  does  not  apply  to  twine.  City  of  New  York  v.  Wilkinson,  151  App. 
Div.  660. 

This  section  held  valid.  City  of  New  York  v.  Marco,  58  Misc.  Rep.  225. 

§ 14.  Confiscation  of  false  weights  or  measures. — Any  weight  which 
upon  being  tested  is  found  to  be  short  a quarter  of  an  ounce  or  more; 
or  any  scale  of  240  pounds  capacity,  or  less,  which  upon  being  tested 
is  found  to  be  short  in  weight  by  a quarter  of  a pound  or  more;  or  any 
scale  of  a capacity  of  between  240  and  400  pounds,  which  upon  being 
tested  is  found  to  be  short  2 pounds  or  more;  or  any  scale  of  a capacity 
greater  than  400  pounds,  upon  being  tested,  is  found  to  be  short 


WEIGHTS  AND  MEASURES 


353 


5 pounds  or  more;  or  any  scale  which  is  in  an  unfit  condition  to  be 
used  by  being  worn  out,  badly  rusted,  or  by  any  other  cause;  or  any 
measure  or  utensil  being  used  in  the  sale  or  purchase  of  any  com- 
modity or  article  of  merchandise,  which  does  not  conform  to  the 
standards  provided  by  statute,  may  be  summarily  confiscated  and 
destroyed  by  the  commissioner  or  an  inspector  of  the  bureau.  (C.  O. 
§ 389.) 

§ 15.  Alteration  of  tested  appliances. — No  person  shall  alter  or 
change  in  any  manner,  any  weight,  measure,  scale  beam,  patent 
balance,  steelyard,  or  other  instrument,  to  be  used  in  weighing  or 
measuring  any  commodity  or  article  of  merchandise,  after  the  same 
has  been  tested,  sealed  and  marked  by  the  commissioner  or  an  in- 
spector of  the  bureau,  so  that  the  same  weigh  or  measure  inaccurately. 
(C.  O.  § 384b.) 

§ 16.  Defrauding  by  false  weights  or  measures — No  person  shall 
injure  or  defraud  another  by  using  a false  weight,  measure,  or  other 
apparatus,  in  weighing  or  measuring  of  any  commodity  or  article  of 
merchandise,  or  by  delivering  less  than  the  quantity  he  purports  to 
deliver.  (C.  O.  § 388a.) 

§ 17.  Use  of  inaccurate  weights  or  measures. — No  person  shall  use, 
in  weighing  or  measuring,  any  weight,  measure,  scale  beam,  patent 
balance,  steelyard  or  other  instrument,  which  shall  not  conform  to 
the  lawful  standard  therefor,  nor  shall  any  person  use  in  weighing  any 
scale  beam,  patent  balance,  steelyard  or.  other  instrument  which 
shall  be  out  of  order  or  incorrect,  or  which  shall  not  balance.  (C.  O. 
§ 386.) 

In  a suit  to  recover  the  penalty  where  only  one  section  was  in  evidence,  held 
the  previous  sections  of  the  ordinance  must  be  introduced  in  evidence  to  show 
what  was  the  meaning  of  the  words  “aforesaid”  and  “such  standard.”  City  of 
N.  Y.  V.  Spatz,  85  N.  Y.  Supp.  353.  This  ordinance  is  aimed  at  the  use  of  a defec- 
tive weight  and  not  at  an  intentional  alteration.  Proof  of  guilty  intent  is  not  re- 
quired. City  of  N.  Y.  V.  Hewitt,  91  App.  Div.  445. 

§ 18.  Repair  of  inaccurate  appliances. — All  weights,  measures,  scale 
beams,  patent  balances,  steelyards,  and  other  instruments  used  for 
weighing  or  measuring,  may  be  inspected  and  sealed  at  the  stores  and 
places  where  the  same  may  be  used;  and,  in  case  they  or  any  of  them 
shall  be  found  not  to  conform  to  the  standard  of  this  State,  the 
inspector  of  weights  and  measures  shall  condemn  the  same  and  shall 
seal  thereto  a notice  that  such  scale  or  measure  does  not  conform  to 
the  lawful  standard.  Thereupon,  the  owner  thereof  shall,  within 
5 days  and  at  his  own  expense,  cause  the  same  to  be  so  altered  and 
repaired  as  to  conform  it  to  the  said  standard,  and  shall  serve  notice 
upon  the  bureau,  in  writing,  that  such  scale  or  measure  has  been  so 
altered  and  repaired,  but  shall  not  break  or  remove  the  seal  or 
notice.'  No  person,  other  than  an  inspector  of  weights  and  measures, 
shall  remove  or  cause  to  be  removed  the  said  notice.  (C.  O.  § 395.) 

§ 19.  Right  of  inspection. — No  person  shall  refuse  to  exhibit  any 
weight,  measure,  scale  beam,  patent  balance,  steelyard,  or  other 
instrument  to  any  inspector  of  the  bureau,  for  the  purpose  of  inspec- 
tion or  examination.  (C.  O.  § 393.) 

§ 20.  Certificate  of  inspection. — Each  inspector  shall  give  a certifi- 
cate to  the  owner  of  the  weights  pr  measures  inspected,  and  shall 
keep  a record  of  each  certificate  given  on  a corresponding  stub. 
The  certificates  and  corresponding  stubs  shall  be  numbered  con- 
23 


354 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


secutively.  The  books  containing  the  stubs,  after  the  corresponding 
certificates  have  been  given  oijt,  shall  become  a public  record.  The 
commissioner  shall,  when  required,  certify  extracts  from  such  rec- 
ords. (C.  O.  § 401.) 

§ 21.  Interference  with  inspectors. — No  person  shall  in  any  way  or 
manner  obstruct,  hinder  or  molest  the  commissioner  or  any  inspector 
of  the  bureau  in  the  performance  of  his  duties  as  herein  imposed  upon 
him.  (C.  O.  § 394.) 

§ 22.  Violations. — 1.  Report  of.  The  commissioner  shall  report 
forthwith  to  the  corporation  counsel  the  names  and  places  of  business 
of  all  persons  violating  any  of  the  provisions  of  this  chapter,  and  of  all 
persons  making  use  of  any  fraudulent  or  unsealed  weights,  measures, 
scales  or  other  instruments  for  weighing  or  measuring.  (C.  O.  § 399.) 

2.  Punishment.  Any  person  who  shall  violate  any  provision  of 
this  article  shall  forfeit  and  pay  a penalty  of  $100  for  each  and  every 
such  offense.  (C.  O.  § 388  in  part.) 


ARTICLE  3 

STANDARDS  FOR  VARIOUS  COMMODITIES 

Sec.  30.  Bread. 

§ 31.  Coal  and  coke. 

§ 32.  Firewood. 

§ 33.  Ice. 

§ 34.  Poultry. 

§ 35.  Violations. 

Sec.  30.  Bread. — All  bread  baked  and  offered  or  exposed  for  sale 
shall  be  made  of  good  and  wholesome  flour  or  meal,  and  sold  by 
avoirdupois  weight.  All  loaf  bread  offered  for  sale  not  in  conformity 
with  the  provisions  of  this  article  shall  be  forfeited,  and  may  be 
seized  and  disposed  of  for  the  use  of  the  city.  (Manh.  Ord.  §§  15,  17.) 

Ordinance  regulating  sale  of  bread  under  a penalty,  held  unreasonable  and  void. 
City  Buffalo  v.  Collins  Bak.  Co.,  39  App.  Div.  432. 

§ 31.  Coal  and  coke. — 1.  Weight  standard.  In  the  sale  of  anthracite 
coal,  the  hundred-weight  shall  consist  of  100  pounds  avoirdupois,  and 
20  such  hundred- weight  shall  constitute  a ton.  (Manh.  Ords.  § 19.) 

2.  Certificate  of  weight.  No  person  shall  sell  or  supply  any  coal  or 
coke  unless  there  shall  be  delivered,  to  the  person  in  charge  of  the 
wagon  or  conveyance  used  in  such  delivery,  a certificate  duly  signed 
by  the  person  selling  such  fuel,  showing  the  weight  or  measure  of  the 
fuel  proposed  to  be  delivered,  the  weight  or  measure  of  the  wagon  or 
conveyance  used  in  such  delivery,  the  total  weight  of  fuel  and  con- 
veyance and  the  name  of  the  purchaser.  No  person  in  charge  of  a 
wagon  or  conveyance  used  in  delivering  coal,  coke  or  other  fuel,  to 
whom  the  certificate  mentioned  in  the  previous  section  has  been 
given,  shall  neglect  or  refuse  to  supply  such  certificate  to  the  com- 
missioner or  inspector  of  weights  and  measures,  or  to  the  purchaser  or 
intending  purchaser  of  the  fuel  being  delivered;  and  when  the  said 
commissioner  or  inspector  so  designated,  or  the  intending  purchaser, 
shall  demand  that  the  weight  or  measure  shown  by  such  certificate  be 


WEIGHTS  AND  MEASURES 


355 


verified,  the  person  delivering  such  fuel  shall  convey  the  same  forth- 
with to  a public  scale,  or  to  any  private  scale  the  owner  whereof  shall 
consent  to  such  use,  and  permit  the  verifying  of  the  weight  shown, 
and  shall,  after  the  delivery  of  such  fuel,  return  forthwith,  with  the 
wagon  or  conveyance  used,  to  the  same  scale  and  verify  the  weight 
of  said  wagon  or  conveyance.  (C.  O.  §§  390,  391.) 

Taken  from  the  State  law  on  the  subject.  See  L.  1900,  ch.  327,  art.  10,  secs.  150, 
151. 

That  such  an  act  is  valid  is  unquestionable.  Where  it  was  required  to  have  coal 
weighed  by  city  weighers,  the  requirement  was  held  not  to  be  void  as  in  restraint 
of  trade  or  unreasonable.  Stokes  v.  Corporation,  14  Wend.  87. 

§ 32.  Firewood. — 1.  Measuring.  No  firewood  shall  be  sold  other- 
wise than  according  to  the  following  regulations,  that  is  to  say: 
The  stanchions  of  each  cart  or  sled  which  shall  be  employed  in  the 
carrying  the  same  shall  be  5 feet  4 inches  high  from  the  floor  of  the 
cart  or  sled,  and  no  higher;  and  the  breadth  of  such  cart  or  sled, 
between  the  two  foremost  stanchions,  shall  be  2 feet  5 inches,  and 
between  the  two  hindmost  stanchions  2 feet  9 inches,  and  no  more; 
in  which  space  between  the  two  stanchions,  every  cartman  who  shall 
cart  any  wood  shall  stow  as  much  wood  and  as  close  together  as  can 
conveniently  be  put,  or  as  much  of  it  as  will  amount  to  37  feet  10 
inches,  cubic  measure,  which  shall  constitute  and  be  deemed  a load, 
and  shall  and  may  be  bought  and  sold  accordingly.  (Manh.  Ords. 
§ 22.) 

2.  Crooked  wood.  No  crooked  wood  shall  be  stowed  with  other 
wood  in  any  cart  or  sled  constructed  in  manner  aforesaid,  but  the 
same  may  be  sold  or  disposed  of  as  refuse  wood,  not  subject  to  the 
above  regulations;  and  if  any  cartman  who  shall  cart  firewood  shall 
put,  or  suffer  to  be  put,  in  his  cart  such  crooked  wood  as  will  prevent 
his  cart  from  containing  a full  load  between  the  stanchions  thereof, 
he  shall,  for  every  load  so  carted,  forfeit  the  sum  of  $1.  (Manh.  Ords. 
§24.) 

3.  Carting.  No  cartman  shall  cart  any  firewood  for  sale  except  in 
carts  made  and  constructed  as  by  law  directed,  and  loaded  as  above 
mentioned.  (Manh.  Ords.  § 23.) 

§ 33.  Ice. — No  person  shall  sell  or  offer  for  sale  ice  in  any  manner 
other  than  by  weight,  and  the  same  shall  be  weighed  immediately 
before  delivery.  (C.  O.  § 388b.) 

§ 34.  Poultry. — No  turkeys  or  chickens  shall  be  offered  for  sale 
unless  their  crops  are  free  from  food  or  other  substance,  and  shrunken 
dose  to  their  bodies.  All  fowls  exposed  for  sale  in  violation  of  this 
ordinance  shall  be  seized  and  condemned.  Such  of  them  as  shall  be 
tainted  shall  be  destroyed,  and  those  which  are  fit  for  food  shall 
be  used  in  the  public  institutions  of  the  city.  (Manh.  Ords.  § 20.) 

§ 35.  Violations. — Any  person  who  shall  violate  any  provision  of 
this  article  shall  forfeit  and  pay  a penalty  of  $50,  for  each  and  every 
such  offense.  (C.  O.  § 391.) 


35G 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


CHAPTER  27 
Miscellaneous 

Sec.  1.  Advertisements;  false  and  misleading. 

§ 2.  Animals. 

§ 3.  Bathing  in  public;  floating  baths. 

§ 4.  City  magistrates^  courts. 

§ 5.  Jurors’  fees. 

§ 6.  Letter-boxes. 

§ 7.  Queens  county;  county  clerk’s  fees. 

§ 8.  Session  laws;  compensation  for  same  in  Queens  and  Rich- 
mond. 

§ 9.  Official  newspaper  in  Queens. 

§ 10.  Violations. 

Sec.  1.  Advertisements;  false  and  misleading. — Any  person  who, 
with  intent  to  sell  or  in  any  wise  dispose  of  merchandise,  securities, 
service  or  anything  offered,  directly  or  indirectly,  by  such  person 
to  the  public  for  sale  or  distribution,  or  with  intent  to  increase  the 
consumption  thereof,  or  induce  the  public  in  any  manner  to  enter 
into  any  obligation  relating  thereto,  or  to  acquire  the  title  thereto, 
or  any  interest  therein,  makes,  publishes,  disseminates,  circulates 
or  places  before  the  public,  or  causes  directly  or  indirectly  to  be  made, 
published,  disseminated,  circulated  or  placed  before  the  public  in 
any  newspaper  or  other  publication,  sold  or  offered  for  sale  upon 
any  street  or  public  place,  or  on  any  sign  upon  any  street  or  public 
place,  or  in  any  hand  bill  or  advertisement  posted  upon  any  street 
or  public  place,  or  on  any  placard,  advertisement  or  hand  bill  ex- 
hibited or  carried  in  any  street  or  public  place,  or  on  any  banner 
or  sign  flying  across  the  street  or  from  any  house,  an  advertisement  of 
any  sort  regarding  merchandise,  securities,  service  or  anything  so 
offered  to  the  public,  which  advertisement  contains  any  assertion, 
representation  or  statement  which  is  untrue,  deceptive  or  misleading, 
shall  be  punished  by  a fine  of  not  less  than  $25  nor  more  than  $250, 
or  by  imprisonment  of  not  less  than  5 days  nor  more  than  6 months, 
or  by  both  such  fine  and  imprisonment.  (Ord.  Apr.  14,  1914.) 

§2.  Animals. — 1.  Public  pounds.  The  mayor  shall  appoint 
proper  persons  as  masters  of  the  public  pounds,  who,  before  entering 
upon  the  duties  of  their  office,  shall  take  and  subscribe  an  oath  or 
affirmation  well  and  truly  to  execute  the  duties  of  their  office. 
Each  pound  master,  once  in  every  month,  shall  account  to  the  comp- 
troller for  all  moneys  received  or  expended  by  him  by  virtue  of  this 
article,  and  pay  over  to  the  comptroller  all  such  moneys  remaining 
in  his  hands,  after  deducting  his  legal  fees  and  charges.  (C.  O. 
§§  539,  553.) 

2.  Dog-stealing.  No  person  shall  remove,  or  cause  to  be  removed, 
the  collar  or  license  tag  from  the  neck  of  any  dog;  nor  shall  any  per- 
son entice  any  properly  licensed  dog  into  any  inclosure  for  the  pur- 
pose of  taking  off  its  collar  or  license  tag;  nor  shall  any  person,  for 


MISCELLANEOUS 


357 


such  purpose,  decoy  or  entice  any  animal  out  of  the  inclosure  or 
house  of  its  owner  or  possessor,  or  seize  or  molest  any  dog  while 
held  or  led  by  any  person,  or  while  properly  muzzled,  or  while  wearing 
a collar  with  a proper  license  tag  attached;  nor  shall  any  person 
bring  any  dog  into  the  city  for  the  purpose  of  taking  up  and  killing 
or  selling  the  same.  (Brookl.  Ords.  § 76.) 

3.  HorseSj  swine  and  neat  cattle.  All  horses,  swine  or  neat  cattle 
found  at  large  may  be  taken  by  any  person,  and  driven  or  carried 
to  such  place  as  may  be  designated  by  the  board  of  aldermen  as  a 
public  pound.  The  pound  master  or  person  having  charge  of  such 
pound  shall  enter  in  a book,  to  be  kept  by  him  for  that  purpose,  the 
names  and  places  of  abode  of  all  persons  who  may  bring  any  horse, 
swine  or  neat  cattle  to  the  pound  and  the  time  of  bringing  the  same 
respectively;  but  no  person  shall  receive  any  compensation  for 
driving  or  bringing  any  horse,  neat  cattle  or  swine  to  a pound.  If 
the  owner  of  any  such  horse,  swine  or  neat  cattle,  or  any  other  per- 
son entitled  to  redeem  the  same,  shall  appear  and  claim  the  same  at 
any  time  before  a sale  thereof,  the  pound  master  shall  deliver  the 
animal,  on  receiving  the  amount  of  his  fee  for  keeping  and  feeding 
the  same,  not  exceeding  $1  for  each  beast  for  every  24  hours,  and 
at  that  rate  for  any  less  period  of  time.  If  no  person  shall  appear 
to  claim  such  horse,  swine  or  neat  cattle,  within  3 days  after  the 
same  may  have  been  impounded,  the  pound  master  shall  give  3 
days’  notice  of  the  sale  thereof.  Such  notice  shall  contain  a general 
description  of  the  beasts  impounded,  and  shall  be  posted  up  in  some 
conspicuous  place  at  the  pound  and  in  the  City  Hall,  and  shall  also 
be  inserted  in  2 or  more  of  the  public  newspapers  published  in  the 
city.  In  case  of  the  sale  of  any  impounded  horse,  swine  or  neat 
cattle,  the  pound  master  shall  retain,  out  of  the  proceeds  of  such 
sale,  sufficient  to  pay  the  amount  of  his  fees  and  all  charges  incurred 
by  him  on  account  of  said  horse,  swine  or  neat  cattle.  If,  after  any 
such  sale,  and  while  the  proceeds  thereof  remain  in  the  hands  of  the 
pound  master,  the  former  owner  of  the  horse,  swine  or  neat  cattle 
so  sold  shall  appear  and  claim  the  same,  the  pound  master  shall  de- 
duct from  the  proceeds  of  such  sale  the  fees  and  charges  due,  and  pay 
over  the  residue  to  the  person  so  claiming  to  be  the  owner.  Each 

Cound  master  on  making  any  delivery  of  horses,  swine  or  neat  cattle 
efore  sale,  or  on  payment  of  surplus  money  after  sale,  shall  obtain 
from  the  person  claiming  the  same,  his  name  and  residence;  and 
once  in  each  month  he  shall  report  the  same  to  the  corporation  coun- 
sel, stating  the  names  of  all  persons  claiming  all  horses,  swine  or  neat 
cattle,  and  their  places  of  residence,  the  date  when  the  animals  were 
sold  or  redeemed,  and  the  names  of  the  persons  leaving  the  same  at 
the  pound.  (C.  O.  §§  553a-558.) 

§ 3.  Bathing  in  public;  floating  baths. — No  persons  shall  swim 
or  bathe  in  any  of  the  waters  within  the  jurisdiction  of  the  city, 
except  in  public  or  private  bathing  houses,  unless  covered  with  a 
bathing  suit  so  as  to  prevent  any  indecent  exposure  of  the  person; 
nor  shall  any  person  dress  or  undress  in  any  place  exposed  to  view. 
The  president  of  the  borough,  in  which  the  same  are  situated,  is 
authorized  to  perfect  and  promulgate  all  suitable  rules  and  regula- 
tions governing  the  use  of  the  free  floating  baths  of  the  city,  and 
breaches  of  said  rules  and  regulations  shall  be  punishable  by  a fine 


358 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


not  exceeding  $5  for  each  offense^  or  by  imprisonment  not  exceeding 
one  day.  (C.  O.  § 208.) 

§ 4.  City  magistrates^  courts. — An  additional  city  magistrate’s 
court  district,  for  the  borough  of  Manhattan,  is  hereby  established  for 
the  upper  west  side  of  said  borough,  the  boundaries  of  which  shall 
be  fixed  in  accordance  with  the  provisions  of  § 70,  chapter  659  of 
the  Laws  of  1910,  and  the  court  house  thereof  shall  be  located  on 
the  upper  West  Side,  between  W.  140th  st.  and  W.  160th  st.,  in 
said  borough.  The  court  shall  be  known  as  the  12th  District 
Magistrate’s  Court.  (Ord.  Sept.  23,  1913.) 

§ 5.  Juror’s  fees. — In  pursuance  of  § 3314  of  the  Code  of  Civil 
Procedure,  it  is  hereby  directed  that  the  sum  of  $2  be  allowed  to 
each  trial  juror  for  each  day’s  necessary  attendance  by. him  as  such 
a juror  at  a term  of  any  court  of  record  of  civil  jurisdiction  held 
within  the  county  of  New  York;  provided,  however,  that  no  such 
juror  shall  be  so  paid  for  attendance  on  any  day  on  which  he  shall 
be  excused  from  service  at  his  own  request.  In  pursuance  of  § 231 
of  the  Municipal  Court  Act  (Laws  of  1902,  chapter  580),  as  amended 
by  chapter  431  of  the  Laws  of  1908,  it  is  hereby  directed  that  the 
sum  of  $2  be  allowed  to  each  trial  juror  for  each  day’s  necessary 
attendance  by  him  as  such  juror,  at  a term  of  any  municipal  court 
of  the  city;  provided,  however,  that  no  such  juror  shall  be  so  paid 
for  attendance  on  any  day  on  which  he  shall  be  excused  from  service. 
(C.  O.  §§  492,  564.) 

§ 6.  Letter  boxes. — The  post  office  authorities  and  owners  of  prop- 
erty in  the  city  are  hereby  given  permission,  subject  to  the  ap- 
proval of  the  borough  president  having  jurisdiction,  to  attach  tem- 
porarily small  mail  boxes,  known  as  letter  boxes,  to  any  building 
or  part  thereof;  provided,  however,  the  consent  in  writing  of  the 
owner  of  the  property  be  given  and  filed  with  the  borough  president 
having  jurisdiction,  and  further  provided  the  work  be  done  with- 
out cost  to  the  city.  Application  for  permission  to  attach  any  such 
letter  box  must  be  made  in  writing  to  the  president  of  the  borough 
having  jurisdiction,  and  in  the  form  prescribed  by  him.  (Ord. 
Apr.  28,  1914.) 

§ 7.  Queens  county;  county  clerk’s  fees. — The  following  prices  and 
charges  are  hereby  fixed  for  services  rendered  by  the  county  clerk 
of  Queens,  in  carrying  out  the  provisions  of  the  various  laws  which 
affect  his  office  and  for  which  no  amount  is  fixed  by  statute: 

Examining  all  papers  as  required  by  Tax  Law  and  reporting  to  the 
State  comptroller’s  office;  5 cents  for  each  instrument  examined; 

For  indexing  all  names  in  index  of  deeds,  mortgages,  lis  pendens, 
judgments,  calendars,  common  rule,  and  marriage  licenses:  2 cents 
for  each  name  indexed; 

For  assorting,  arranging,  numbering,  filing,  etc.,  all  judgments 
and  special  proceedings:  $1  for  each  judgment  or  decree; 

For  docketing  sheriff’s  returns  on  executions:  6 cents  for  each 
return; 

For  filing  sheriff’s  returns  on  executions:  6 cents  each; 

For  preparing  calendars  for  printer:  10  cents  per  folio; 

For  recording  calendars  in  calendar  book:  12 cents  per  case; 

For  notifying  county  judge,  sheriff,  commissioner  of  jurors,  and 
newspapers  as  to  drawing  of  jurors:  10  cents  per  folio; 


MISCELLANEOUS 


359 


For  making  and  preparing  lists  of  jurors  for  county  judge,  sheriff, 
commissioners  of  jurors,  and  Supreme  Court:  10  cents  per  folio; 

For  preparing  reports,  making  copies  of  judgments,  entering 
judgments,  furnishing  transcripts  and  reporting  to  State  commis- 
sioner of  excise  on  all  persons  convicted  of  violation  of  the  Liquor  Tax 
Law:  $30  per  month; 

For  preparing  report  to  the  Secretary  of  State  of  all  persons  con- 
victed of  crimes:  $20  per  month; 

For  entering,  filing  and  notifying  all  papers  filed,  in  clerk^s  minutes 
for  Supreme  and  County  courts:  6 cents  for  each  paper  filed; 

For  indexing  all  cases  in  clerk’s  minutes:  2 cents  per  name; 

For  attending  and  drawing  jury:  $2  each  jury; 

Delivering  jury  box  to  court:  $3  per  day; 

Indexing  all  titles  in  map  index:  2 cents  per  name  or  title; 

For  recopying  and  transcribing  public  maps,  recoloring  same, 
repairing  missing  parts;  6 cents  per  square  inch  for  drawing,  $1  per 
hour  for  recoloring.  (Ord.  May  5,  1914.) 

§ 8.  Session  laws;  compensation  for  same  in  Queens  and  Rich- 
mond,— The  compensation  for  publication  of  the  Session  Laws  in 
the  counties  of  Queens  and  Richmond,  respectively,  is  hereby  fixed 
at  the  rate  of  50  cents  per  folio.  (Ord.  Apr.  14,  1914.) 

§ 9.  Official  newspaper^  Queens. — The  Argus,  published  at  Rock- 
away  Beach,  in  the  borough  and  county  of  Queens,  representing 
the  National  Republican  Party,  is  hereby  designated  as  the  news- 
paper in  which  shall  be  published  the  election  notices  hereafter  is- 
sued by  the  secretary  of  state,  and  in  which  shall  be  published  the 
official  canvass  of  votes  cast  at  any  general  or  special  election  held 
in  said  borough  or  county,  in  place  and  stead  of  the  Daily  Long 
Island  Farmer. 

§10.  Violations. — Whenever  in  any  chapter  of  this  ordinance 
no  specific  punishment  is  provided  for  the  violation  of  a provision 
thereof,  the  punishment,  upon  conviction  for  such  violation,  shall 
be  a fine  of  not  more  than  $10,  or  imprisonment  for  not  exceeding 
10  days,  or  both  such  fine  and  imprisonment.  (C.  O.  Part  XVI.) 

The  former  ordinance  provided  for  a “penalty’*  of  ten  dollars.  A penalty  is 
recovered  in  a civil  action  whereas  a “fine”  (as  now  provided)  is  recovered  in  a 
criminal  action.  This  is  really  a return  to  the  provision  of  the  Consolidation  Act 
(L.  1882,  ch  410)  which  declared,  § 85,  that  every  violation  of  the  ordinances 
should  be  a misdemeanor.  The  Greater  N.  Y.  Charter  changed  this  and  by  § 50, 
gave  the  Board  of  Aldermen  power  to  impose  “such  fines,  penalties,  forfeitures  or 
imprisonment  as  may  by  law  be  prescribed.”  This  penalty  clause  was  drawn  to 
come  within  that  provision  and  meet  the  objection  to  the  old  clause  in  People  v. 
Marks,  Russell,  C.  J.,  N.  Y.  Law  Journal,  Feb.  15,  1913.  As  § 786  of  the  ordinances 
of  1897  prescribed  a penalty  of  ten  dollars  that  has  been  the  law  until  now. 

The  old  Police  Magistrates  were  invested  by  chapter  233,  Laws  1895,  with  power 
to  impose  fines  “in  all  cases  of  arrest  for  offending  any  ordinance  of  The  City  of 
New  York.”  This  power  was  transferred  to  the  City  Magistrates  by  chapter  601, 
Laws  1895,  and  continued  in  them  by  section  1392  of  the  original  and  amended 
Charters.  This  would  clearly  seem  to  give  the  City  Magistrates  jurisdiction  where 
the  ordinances  have  specifically  made  ah  offense  a misdemeanor. 


360 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


CHAPTER  28 
Repeal 

Sec.  1.  Existing  ordinances  repealed. 

§ 2.  Saving  clause. 

Sec.  1.  Existing  ordinances  repealed. — All  other  general  ordinances 
or  parts  of  general  ordinances  of  the  city,  in  force  on  the  date  when 
this  ordinance  shall  take  effect,  are  hereby  repealed. 

The  repeal  clause  originally  reported  by  the  Codification  Committee  was  more 
sweeping  and  repealed  “all  other  ordinances  and  parts  of  ordinances  in  force,”  etc. 
(City  Record,  Feb.  18.  1915.)  This  was  changed  to  apply  to  “general”  ordinances 
alone  because  the  city  charter  only  required  “general”  ordinances  to  be  codified 
and  this  code  in  no  way  affected  such  “special”  ordinances  as  the  tax  levy,  cor- 
porate stock  issues,  salaries  and  kindred  subjects.  (City  Record,  March  11,  1915. 
p.  2013.) 

All  local  ordinances  relating  to  the  different  cities,  towns  and  villages  which  were 
united  in  the  Greater  New  York  Charter  are  repealed  unless  expressly  incorporated 
in  this  code.  These  local  ordinances  were  all  carefully  considered  in  preparing  this 
code  and  being  of  a general  nature  are  now  covered  by  the  ordinances  applicable  to 
the  entire  city.  (See  Appendix  B,  Report  of  Codification  Committee  of  Jan.  4,  1915, 
and  printed  in  pamphlet  form.) 

§ 2.  Saving  clause. — No  right  or  remedy  of  any  character  shall 
be  lost,  impaired  or  affected  by  reason  of  this  ordinance,  nor  shall 
it  affect  or  impair  any  act  done  or  right  accruing,  accrued  or  acquired, 
nor  any  penalty,  forfeiture  or  punishment  incurred  prior  to  the  time 
when  the  same  shall  take  effect,  or  by  virtue  of  any  ordinance,  or 
part  thereof,  repealed  or  modified  by  this  ordinance,  but  the  same 
may  be  asserted,  enforced,  prosecuted  or  inflicted,  as  fully  and  to 
the  same  extent,  as  if  such  senior  ordinance,  or  part  thereof,  had 
not  been  repealed  or  modified.  (Adapted  from  Charter,  § 1614.) 

§ 2.  This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen  March  23,  1915. 

Approved  by  the  Mayor  March  30,  1915. 

The  above  is  the  date  of  the  adoption  of  entire  foregoing  Code,  excepting  the 
sections  in  the  Addenda. 


General  Notes 

The  following  citations  are  given  merely  as  a ready  reference  to  certain  matters 
frequently  arising  in  connection  with  the  ordinances. 

Evidence,  Ordinances  must  be  pleaded. — The  courts  will  not  take  judicial  notice 
of  municipal  ordinances.  They  must  be  specially  pleaded  and  proved.  City  of 
N.  Y.  V.  Knickerbocker  Trust  Co.,  104  App.  Div.  223;  People  v.  New  York,  7 
How.  Pr.  81;  Harker  v.  New  York,  17  Wend.  199.  But  where  there  is  a common  law 
liability  then  it  is  not  necessary  to  plead  the  ordinance  to  admit  it  as  proof  of  neg- 
ligence. Berry  v.  Urban  Water  Supply  Co.,  163  App.  Div.  21. 

Validity. — An  ordinance  adopted  pursuant  to  authority  from  the  legislature 
has  the  same  force  within  the  corporate  limits  as  a statute  passed  by  the  Legis- 
lature. Village  of  Carthage  v.  Frederick,  122  N.  Y.  268;  City  of  Buffalo  v.  N.  Y. 
& Lake  Erie  R.  R.,  152  N.  Y.  276.  Ford  v.  N.  Y.  Central.  33  App.  Div.  474. 

The  charter  of  a city  limits  the  extent  of  its  ordinances.  City  of  Rochester  v. 
West,  29  App.  Div.  125,  aff’d  164  N.  Y.  510. 

Penalties. — A penalty  must  be  certain  and  is  void  for  uncertainty.  City  of  Utica 
V.  Blakeslee,  46  How.  Pr.  165;  and  where  “fixed  penalties”  are  prescribed,  the 
ordinance  must  so  conform.  City  of  Poughkeepsie  v.  King,  38  App.  Div.  610.  An 
ordinance  may  prescribe  a penalty  for  an  act  already  penal  by  the  laws  of  the 


REPEAL 


361 


State.  City  of  Brooklyn  v.  Toyabee,  31  Barb.  282.  Ordinance  imposing  penalty  is 
strictly  construed.  People  ex  rel.  Kane  v.  Sloane,  98  App.  Div.  450. 

Burden  of  Proof — An  ordinance  is  presumed  to  be  reasonable.  City  of  N.  Y. 
V.  Hewitt,  91  App.  Div.  445;  City  of  N.  Y.  Interurban  Ry.  Co.,  43  Misc.  29.  But  it 
is  always  competent  to  show  that  it  is  unreasonable.  Mayor  v.  Dry  Dock  Ry.  Co.. 
133  N.  Y.  104;  Fire  Dept.  v.  Gilmour,  149  N.  Y.  453;  Health  Dept.  v.  Rector 
Trinity  Church,  145  N.  Y.  32;  Brooklyn  Crosstown  R.  R.  Co.  v.  City  of  Brooklyn, 
37  Hun,  413;  Yonkers  v.  Yonkers  R.  Co.,  51  App.  Div.  271;  Buffalo  v.  Collins  Bak. 
Co.,  39  App.  Div.  432;  Dunham  v.  Rochester,  5 Cow.  462. 

Must  be  Reasonable. — One  test  of  the  validity  of  an  ordinance  is  whether  it  is 
reasonable.  City  of  Buffalo  v.  Hill,  79  App,  Div.  402;  People  ex  rel.  Lieberman  v, 
Vandicarr,  81  App.  Div.  128,  aff’d,  175  N.  Y.  440. 

Motive. — The  motive  is  not  material,  Kittinger  v.  Buffalo  Tr.  Co.,  160  N.  Y.  377 ; 
even  in  allegations  of  fraud  and  corruption.  Borhite  v.  Home  Tel.  Co.,  50  App.  Div. 
25. 

Invalid  in  Part. — Ordinances,  like  statutes,  may  be  valid  in  part  and  invalid  in 
others.  Duryee  v.  Mayor,  96  N.  Y.  477 ; Rogers  v.  Jones,  1 Wend.  237. 

Retroactive. — In  certain  cases  an  ordinance  may  be  retroactive  as  in  requiring 
safeguards  in  buildings  previously  erected.  N.  Y.  Fire  Dept.  v.  Wendell.  13  Daly, 
427. 

Construction. — While  ordinances  providing  penalties  are  to  be  strictly  con- 
strued, Village  V.  Fisher,  140  N.  Y.  187,  still  they  must  be  reasonably  con- 
strued so  as  to  give  effect  to  the  intent  of  the  legislature.  O’Keefe  v.  Adams, 
46  St.  Rep.  557;  People  ex  rel.  Cumiskey  v.  Wurster,  14  App.  Div.  556;  Mayor, 
etc.,  V.  Third  Ave.  R.  R.  Co.,  16  St.  Rep.  122,  app.  117  N.  Y.  4(H;  Duryee  v.  Mayor, 
96  N.  Y.  477.  See  McQuillin,  Municipal  Ordinances. 

Defenses. — The  fact  that  other  persons  are  violating  an  ordinance  and  are  not 
prosecuted  is  no  defense.  City  of  Buffalo  v.  N.  Y.,  Lake  Erie  & W.  R.  R.,  152 
N.  Y.  276. 

City’s  Liability. — In  some  cases  city  is  not  liable  for  failure  to  enforce  ordinances. 
Levy  V.  Mayor,  3 Super.  Ct.  465;  Stillwell  v.  Mayor,  49  Super.  Ct.  360;  Studeor  v. 
Village  Gouverneur,  15  App.  Div.  229. 

Non-Residents. — Ordinances  apply  to  non-residents  as  well  as  to  residents  within 
limits  of  municipality.  Jones  v.  Firemen’s  Fund  Co.,  2 Daly,  307,  aff’d,  51  N.  Y. 
318;  Buffalo  v.  Webster,  10  Wend.  99. 

Police  Power. — An  ordinance  to  be  valid  under  the  police  power  must  be  a rea- 
sonable exercise  of  that  power.  City  of  N.  Y.  v.  Wineburgh  Adv.  Co.,  122  App. 
Div.  748. 

Injunctions. — Threatened  enforcement  of  ordinances  is  no  ground  for  injunction. 
Fifth  Ave.  Coach  Co.  v.  City  of  N.  Y.,  126  App.  Div.  657;  Eden  Musee  Amuse- 
ment Co.  V.  Bingham,  125  App.  Div.  780. 

Negligence  and  Nuisance. — ^The  suits  brought  to  recover  damages  suffered  by 
reason  of  the  violation  of  ordinances  are  very  numerous.  See  Thomas  on  Neg- 
ligence and  Wood  on  Nuisances.  For  ready  reference  the  following  leading  cases 
are  given: 

Vaults  and  Cellars. — Babbage  v.  Powers,  130  N.  Y.  281;  Jorgensen  v.  Squires, 
144  N.  Y.  281;  Jennings  v.  Van  Schaick,  108  N.  Y.  530. 

Landlord. — Trustees  Canandaigua  v.  Foster,  156  N.  Y.  354;  Swords  v.  Edgar, 
59  N.  Y.  28;  Ahern  v.  Steele,  115  N.  Y.  203. 

Complying  with  Conditions  of  License. — Wolf  v.  Kirkpatrick,  101  N.  Y.  146; 
Devine  v.  Nat.  Wall  Paper.  Co.,  95  App.  Div.  194. 

Coal  hole.—Clififord  v.  Dam,  81  N.  Y.  52. 


COLHi:  OF  OKDlNANCEa  OF  THE  CITY  OF  NEW  YORK 


3t)2 


ADDENDA 

AN  ORDINANCE  to  re-establish  the  original  corporate  seal  of  The 
City  of  New  York,  and  to  provide  for  the  use  thereof. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New  York^  as 
follows: 

Sec.  1.  The  corporate  seal  of  The  City  of  New  York,  as  adopted 
by  the  Common  Council  on  July  24,  1686,  with  the  alteration  adopted 
by  the  Common  Council  on  March  16,  1784,  is  hereby  re-established, 
and  the  following  device  is  hereby  adopted  as  the  device  of  said  seal, 
to  wit: 


Arms:  Upon  a shield,  saltire- wise,  the  sails  of  a windmill.  Between 
the  sails,  in  chief  a beaver,  in  base  a beaver,  and  on  each  flank  a flour 
barrel. 

Supporters:  Dexter,  a sailor,  his  right  arm  bent,  and  holding  in  his 
right  hand  a plummet;  his  left  arm  bent,  his  left  hand  resting  on  the 
top  of  the  shield ; above  his  right  shoulder  a cross-staff.  Sinister,  an 
Indian  of  Manhattan,  his  right  arm  bent,  his  right  hand  resting  on 


ADDENDA 


363 


the  top  of  the  shield,  his  left  hand  holding  the  upper  end  of  a bow,  the 
lower  end  of  which  rests  on  the  ground.  Shield  and  supporters  rest- 
ing upon  a horizontal  laurel  branch. 

Date:  Beneath  the  horizontal  laurel  branch  the  date  1664,  being 
the  year  of  the  capture  of  New  Amsterdam  by  the  English  and  the 
first  use  of  the  name  of  the  City  of  New  York. 

Crest:  Upon  a hemisphere,  an  American  eagle  with  wings  displayed. 

Legend:  Upon  a ribbon  encircling  the  lower  half  of  the  design  the 
words  “Sigillum  Civitatis  Novi  Eboraci.’^ 

The  whole  encircled  by  a laurel  wreath. 

Sec.  2.  The  following  design  is  hereby  adopted  as  the  official  and 
standard  design  of  such  corporate  seal: 

Sec.  3.  The  City  Clerk  shall  cause  to  be  executed  and  cast  in 
bronze  a model  of  the  foregoing  design  as  the  standard  corporate  seal 
of  the  City  and  shall  keep  the  same  in  his  custody.  The  said  City 
Clerk  shall  also  cause  the  said  design  to  be  engraved  in  accurate 
conformity  therewith  upon  metal  as  the  seal  of  the  City  and  shall 
keep  and  affix  the  same  as  provided  in  Section  31  of  the  Charter  of 
the  City. 

Sec.  4.  From  and  after  the  twelfth  day  of  June,  nineteen  hundred 
and  fifteen,  the  said  seal  shall  be  used  for  all  requisite  purposes  and 
all  representations  of  the  seal  of  the  City  impressed  or  printed  after 
said  date  on  documents,  publications  or  stationery,  issued  or  used  by 
or  in  the  name  or  under  the  authority  of  the  City,  or  of  any  Borough 
or  Department  thereof,  or  carved,  or  otherwise  represented  on 
buildings  or  structures  owned  by  the  City;  or  otherwise  officially 
portrayed  shall  be  in  exact  conformity  with  the  aforesaid  standard 
design  without  alteration  or  addition.  The  seals  now  in  use  by  the 
City  shall  be  defaced  and  cancelled  on  said  date  by  the  City  Clerk, 
and  shall  remain  in  his  custody. 

Adopted  by  the  Board  of  Aldermen,  March  23,  1915. 

Approved  by  the  Mayor,  April  6,  1915. 


AN  ORDINANCE  relating  to  the  adoption  of  an  official  flag  by  The 
City  of  New  York. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New  York 
as  follows: 

Sec.  1.  The  following  design  is  hereby  adopted  as  the  design  of  the 
official  flag  af  The  City  of  New  York  and  as  a substitute  for  the  flag 
now  in  use,  to  wit: 

^‘A  flag  combining  the  colors  orange,  white  and  blue  arranged  in 
perpendicular  bars  of  equal  dimensions  (the  blue  being  nearest  to: 
the  flagstaff),  the  standard  design  of  the  seal  of  the  City  in  blue  upon 
the  middle  or  white  bar,  which  said  colors  shall  be  the  same  as  those 
of  the  flag  of  the  United  Netherlands  in  use  in  the  year  one  thousand 
six  hundred  and  twenty-six. 

Sec.  2.  Such  official  flag  shall  also  be  the  oflicial  flag  of  the  several 
departments  of  the  City  Government,  but  each  such  department 
may  place  upon  any  flag  intended  for  its  own  use  the  appropriate 
title  to  designate  such  department,  such  title  to  be  inscribed  in  block 
letters  in  blue  upon  the  middle  or  white  bar  of  the  flag,  under  the 
seal. 


3G4  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

Sec.  3.  The  City  Clerk  shall  be  the  custodian  of  the  official  flag 
of  the  City,  and  shall  cause  to  be  made  in  accordance  with  the  afore- 
said design  such  number  of  flags  as  he  deems  proper  and  necessary 
and  of  suitable  size  for  use  on  the  City  Hall  and  other  buildings  and 
structures  owned  by  the  City. 

Sec.  4.  This  ordinance  shall  take  effect  on  the  twelfth  day  of  June, 
nineteen  hundred  and  fifteen. 

Adopted  by  the  Board  of  Aldermen,  March  23,  1915. 

Approved  by  the  Mayor,  April  6,  1915. 


THE  SANITARY  CODE 


365 


THE  SANITARY  CODE 


CONSTITUTING  CHAPTER  20  OF  THE  CODE  OF  ORDINANCES  OF  THE  CITY 
OF  NEW  YORK 


Be  it  Resolved  by  the  Board  of  Health  of  the  Department  of  Health 
of  the  City  of  New  York  that,  by  virtue  of  the  authority  vested  in 
the  said  Board  by  the  provisions  of  Section  1172  of  the  Greater  New 
York  Charter,  the  Sanitary  Code  of  the  Board  of  Health  and  the 
Department  of  Health  of  the  City  of  New  York  be  generally  revised 
and  amended,  and  made  to  read  as  follows: 


Article  1. 
Article  2. 
Article  3. 
Article  4. 
Article  5. 
Article  6. 
Article  7. 
Article  8. 
Article  9. 
Article  10. 
Article  11. 
Article  12. 
Article  13. 
Article  14. 
Article  15. 
Article  16. 
Article  17. 
Article  18. 


Definitions. 

Animals. 

Births,  marriages  and  deaths. 

Buildings. 

Cold  storage. 

Coroners. 

Diseases. 

Drugs  and  medicines. 

Food  and  drink. 

General  provisions. 

Midwifery  and  care  of  children. 
Miscellaneous  provisions. 

Offensive  materials. 

Plumbing,  drainage,  ventilation  and  sewage. 
Passenger  cars. 

Street  conditions. 

Trades,  occupations  and  businesses. 

Vessels  and  seamen. 


Notes.  By  L.  1904,  ch.  628,  sec.  3,  the  Sanitary  Code  in  force  on 
May  1,  1904,  was  made  a chapter  of  the  Code  of  Ordinances  of  th(^ 
City  of  New  York,  and  while  the  Board  of  Health  has  sole  power  to 
pass  the  Sanitary  Code,  all  provisions  relating  thereto  must  be  filed 
with  the  City  Clerk  and  do  not  become  effective  until  they  are  filed 
with  the  City  Clerk.' 

Penalties. — The  usual  remedy  for  a violation  of  a provision  in  the 
Sanitary  Code  is  a suit  to  recover  a penalty  of  fifty  dollars  under 
Laws  1897,  chapter  378,  sec.  1172.  The  revised  charter,  L.  1901, 
ch.  466,  sec.  1172,  continued  this  provision  in  force.  By  the  same' 
sections  any  violation  of  the  Sanitary  Code  may  be  treated  and 
punished  as  a misdemeanor.  The  penalty  for  violating  an  order  of 
the  Department  of  Health  is  $250,  and  the  wilful  refusal  is  a misde- 
meanor. L.  1901,  ch.  466,  sec.  1262.  All  suits  must  be  brought  in 
name  of  the  “Dept,  of  Health  of  The  City  of  New  York.”  L.  1901, 
ch.  466,  sec.  1192.  Permission  granted  by  an  inspector  without 
authority  will  not  excuse  a violation.  N.  Y.  Health  v.  Hannon, 
4 Misc.  602. 

There  may  be  prescribed  for  the  same  offense  a civil  remedy  as 
well  as  a criminal  remedy,  People  v.  Meakins,  133  N.  Y.  214; 


366  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

City  N.  Y.  V.  Alhambra,  136  App.  Div.  509;  People  v.  Snyder,  90 

App.  Div.  422. 

Police  Power.— \i  is  well  settled  in  this  and  other  States  that  the 
Legislature  has  the  power  to  delegate  to  municipal  authorities  the 
right  to  pass  ordinances  to  promote  the  public  health  and  safety. 
Polinsky  v.  People,  73  N.  Y.  65.  Cases  cited  in  Ford  v.  N.  Y.  Cen- 
tral R.  R.  Co.,  33  App.  Div.  at  p.  478.  As  to  the  police  powers  in 
general,  see  Matter  of  Jacobs,  98  N.  Y.  98,  and  Health  Dept.  v. 

Rector,  etc.,  Trinity  Church,  145  N.  Y.  32;  Cronin  v.  People,  82 

N.  Y.  318. 

The  power  to  pass  ordinances  to  regulate  the  preservation  of  the 
public  health  is  vested  in  the  Board  of  Aldermen  by  the  Revised 
Charter,  L.  1901,  ch.  466,  sec.  43.  Also  discussion  of  constitutional 
question  in  Tenement  House  Dept,  of  N.  Y.  City  v.  Moeschen, 
179  N.  Y.  325.  Also  see  Met.  Board  of  Health  v.  Heister,  37  N.  Y. 
661;  People  ex  rel.  Cox  v.  Special  Sessions,  7 Hun,  214;  Health  Dept. 
V.  Knoll,  70  N.  Y.  530.  For  powers  granted  to  Department  of 
Health,  see  chapter  XIX,  L.  1901,  ch.  466.  The  Sanitary  Code  has 
legislative  sanction.  People  ex  rel.  Lieberman  v.  Vandecarr,  175 
N.  Y.  440,  aff’d  199  U.  S.  552;  Bird  v.  Grout,  106  App.  Div.  159. 

See  also  general  notes  after  § 362,  infra. 


ARTICLE  1 

DEFINITIONS 

Sec.  1.  Definitions. — Unless  otherwise  expressly  stated,  wherever 
used  in  the  Sanitary  Code,  the  following  terms  shall  be  taken  to 
mean  nnd  include: 

cinders,  coal,  and  every  other  substance  which  is 
left  unconsumed  by  fire  in  stoves,  furnaces,  ranges,  fire-pots,  fire- 
places, and  other  such  places. 

§ 2.  Bakeries^ ^ : all  buildings,  rooms,  or  places  used  or  occupied 
for  the  purpose  of  making,  preparing,  or  baking  bread,  biscuits, 
pastry,  cake,  doughnuts,  crullers,  noodles,  macaroni,  or  spaghetti, 
to  be  sold  or  consumed  on  or  off  the  premises,  except  kitchens  in 
hotels,  restaurants,  boarding-houses,  or  private  residences  wherein 
such  products  are  prepared  to  be  used  and  are  used  exclusively  on 
the  premises. 

§ 3.  Board''  and  ^^said  Board":  the  Board  of  Health  of  the  De- 
partment of  Health  of  the  City  of  New  York. 

§ 4.  ^^Boarding-house" : every  building  or  part  thereof  other  than 
a hotel,  inn,  or  lodging-house,  wherein  meals  or  lodging,  or  both, 
may  be  obtained  for  hire  (customarily  by  the  week). 

§ 5.  Butcher" : whoever  is  engaged  in  the  business  of  keeping, 
driving,  or  slaughtering  cattle,  or  in  selling  any  meat. 

§ 6.  Cattle":  all  animals,  except  birds,  fowl,  and  fish,  of  which 
any  part  of  the  body  is  used  as  food. 

§ 7.  Cellar":  every  basement  or  lower  story  of  any  building  or 
house  of  which  said  basement  or  lower  story  one-half  or  more  of  the 
height  from  the  floor  to  the  ceiling  is  below  the  level  of  the  street 
adjoining,  or  the  surface  of  the  adjacent  yard,  court,  or  ground. 


THE  SANITARY  CODE 


367 


§ 8.  “ Department" : the  Department  of  Health  of  the  City  of  New 
York. 

§ 9.  '*Diri":  natural  soil,  earth,  gravel,  sand,  and  loose  pieces  of 
broken  stone. 

§ 10.  "Factory"  and  "manufactory":  any  mill,  workshop,  or 
other  manufacturing  or  business  establishment,  and  all  buildings, 
shops,  and  structures,  or  other  places  used  therefor  or  in  connection 
therewith,  where  one  or  more  persons  are  employed  at  labor. 

§ 11.  "Fish":  every  part  of  any  animal  that  lives  in  water  or  the 
flesh  of  which  is  not  meat. 

§ 12.  "Food":  all  substances,  except  drugs,  used  or  intended  to  be 
used  for  human  consumption,  including  meat,  fish,  vegetables, 
drink,  confections,  and  condiments,  whether  simple,  mixed,  or 
compound. 

§ 13.  "Garbage" : swill  and  every  accumulation  of  both  animal 
and  vegetable  matter,  liquid  or  otherwise,  that  attends  the  prepara- 
tion, decay,  and  dealing  in,  or  storage  of,  meats,  fish,  fowls,  birds, 
or  vegetables. 

§ 14.  "Infectious  disease":  all  diseases  of  a communicable,  con- 
tagious, or  pestilential  nature. 

§ 15.  "Light"  or  "lighted":  natural,  external  light. 

§ 16.  "Lodging-house" : any  house  or  building  or  portion  thereof, 
in  which  persons  are  harbored,  or  received,  or  lodged,  for  hire  for  a 
single  night,  or  for  less  than  a week  at  one  time,  or  any  part  of  which 
is  let  for  any  person  to  sleep  in,  for  any  term  less  than  a week. 

§ 17.  "Meat":  every  part  of  any  land  animal,  and  eggs  (whether 
mixed  or  not  with  any  other  substance) . 

§ 18.  "Permit":  the  permission  in  writing  of  the  Board  of  Health, 
issued  according  to  the  provisions  of  this  Code,  of  any  statute,  or 
of  the  Regulations  of  the  Board  of  Health. 

§ 19.  "Person":  every  individual,  corporation,  firm,  and  joint 
stock  association. 

§ 20.  "Physician" : every  person  who  holds  himself  out  as  being 
able  to  diagnose,  treat,  operate,  or  prescribe  for  any  human  disease, 
pain,  injury,  deformity,  or  physical  condition,  and  who  shall  either 
offer  or  undertake  by  any  means  or  method,  to  diagnose,  treat, 
operate,  or  prescribe  for  any  human  disease,  pain,  injury,  deformity, 
or  physical  condition. 

§21.  "Private  market":  every  store,  cellar,  stand,  and  place 
(not  being  a part  of  a public  market),  at  or  in  which  meat,  fish,  or 
vegetables  is  or  are  bought,  sold,  or  kept  for  sale. 

§ 22.  "Public  laundry":  any  place  where  articles  are  laundered  for 
the  general  public  for  hire. 

§ 23.  "Public  place":  every  street  (as  hereinafter  defined),  park, 
pier,  dock  and  wharf,  and  every  open  space  therewith  connected, 
all  waters  within  the  jurisdiction  of  the  City  of  New  York;  every 
public  yard,  ground,  and  area;  every  space  open  to  the  public  be- 
tween a building  and  the  street,  between  buildings,  and  between 
streets;  all  places  of  public  assemblage,  including  every  place  of 
public  worship,  amusement,  entertainment,  or  instruction,  and  every 
place  where  an  appreciable  number  of  persons  gather  for  any  pur- 
pose whatever,  and  every  public  room  or  space  connected  with,  and 
every  means  of  entrance  to  or  exit  from,  any  of  the  said  places;  all 


368  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

places  and  premises  where  goods,  wares,  and  merchandise  are  sold 
or  offered  for  sale,  including  all  public  rooms  or  places  therewith 
connected;  every  railroad  car,  and  every  other  public  vehicle;  every 
railroad  depot,  station,  and  platform,  and  every  public  room  or 
space  connected  therewith,  and  every  stairway  and  other  means 
of  entrance  thereto  or  exit  therefrom;  every  ferryboat  and  ferry- 
house,  and  every  public  room  or  space  connected  with,  and  every 
means  of  entrance  to  or  exit  from,  such  ferry-house. 

§ 24.  '^Refuse^\'  waste  material  other  than  rubbish,  ashes,  or 
garbage,  that  attends  use  or  decay  and  accumulation  from  the  oc- 
cupancy of  buildings  or  premises. 

§25.  ''Report’^:  a report  in  writing,  signed  by  the  person  who 
makes  the  same  and  indicating  his  official  position,  if  any  such  posi- 
tion be  held. 

§ 26.  Rubbish'^ : solid  waste  material  accumulating  or  resulting 
from  the  use  or  occupancy  of  buildings  or  premises,  such  as  paper, 
straw,  excelsior,  rags,  bottles,  old  clothes,  old  shoes,  tin  cans,  and 
other  materials  of  a similar  character. 

§ 27.  Saloon”:  every  portion  of  any  building  in  which  the  busi- 
ness of  selling  meals,  liquors,  drinks,  or  refreshments  of  any  kind, 
shall  be  conducted,  including  ‘^concert  saloons. 

§ 28.  ''Stable”:  every  building  or  portion  thereof  in  which  any 
horse,  cattle,  or  other  animal  shall  be  kept. 

§ 29.  "Streets”:  avenues,  public  highways,  sidewalks,  gutters, 
and  public  alleys,  lanes,  and  paths. 

§ 30.  "Theatre”:  the  building,  room,  and  place,  where  any  play, 
concert,  opera,  circus,  trick  or  jugglery  show,  gymnastic  or  other 
exhibition,  masquerade,  public  dance,  or  other  public  gathering, 
drill,  lecture,  address,  or  other  form  of  public  entertainment,  amuse- 
ment, or  instruction  are,  is,  or  may  be,  held,  given,  furnished,  per- 
formed, or  take  place,  and  every  public  room  or  space  connected 
with,  and  every  means  of  entrance  to  or  exit  from,  any  such  place. 

§31.  "Vegetable”:  every  article  used  for  human  consumption 
as  food,  other  than  meat,  fish,  or  milk. 

ARTICLE  2 

ANIMALS 

Sec.  2.  Glanders,  farcy,  and  other  contagious  diseases;  duty  of 
veterinary  surgeon  to  report. 

§ 3.  Glanders,  farcy,  and  other  contagious  diseases;  animals 
suffering  therefrom  not  to  be  retained  or  exposed;  destruc- 
tion authorized. 

§ 4.  Animals  suffering  from  or  exposed  to  contagious  disease  not 
to  be  brought  into  or  kept  in  city. 

§ 5.  Animal  injured  or  diseased  beyond  recovery  and  abandoned, 

to  be  destroyed. 

§ 6.  Animals  injured  or  diseased  past  recovery,  dead,  or  affected 
with  an  infectious  or  contagious  disease  to  be  reported 
and  removed. 

§ 7.  Dead,  sick,  or  injured  animals;  interference  by  unauthor- 
ized persons  prohibited. 


THE  SANITARY  CODE 


369 


§ 8.  Dead,  sick,  or  injured  animals;  conditions  dangerous  to  life 
or  detrimental  to  health  prohibited. 

§ 9.  Dead  horses;  to  be  tagged  before  placing  in  street. 

§ 10.  Rabid  and  vicious  animals,  Department  of  Health  to  be 
notified;  destruction  authorized;  removal  regulated. 

§ 11.  Horses,  cattle,  swine,  sheep,  geese,  and  goats;  not  to  be  kept 
or  yarded  without  a permit. 

§ 12.  Keeping  of  cows  regulated. 

§ 13.  Tuberculin  test  of  cows;  certificate. 

§ 14.  Cattle;  adequate  ventilation,  proper  food  and  water,  to  be 
provided. 

§ 15.  Cattle;  method  of  transporting  in  vehicles  restricted. 

§ 16.  Shelter  for  homeless  animals;  site  to  be  approved;  conduct 
thereof  regulated. 

§ 17.  Unmuzzled  dogs;  not  permitted  in  any  public  place. 

§ 18.  Sale  of  small  animals  regulated. 

§ 19.  Live  chickens,  geese,  ducks,  and  other  fowls;  the  keeping, 
killing,  and  sale  regulated. 

§ 20.  Keeping  of  live  pigeons  regulated. 

Sec.  2.  GlanderSy  farcy,  and  other  contagious  diseases;  duty  of  vet- 
erinary surgeon  to  report. — Every  veterinary  surgeon  who  shall 
examine  or  professionally  attend  any  animal  in  the  City  of  New 
York  affected  with  glanders,  or  farcy,  or  any  other  contagious  dis- 
ease, shall,  immediately  upon  the  discovery  of  such  veterinary  sur- 
geon that  such  animal  is  thus  affected,  report  in  writing  to  the  De- 
partment of  Health  the  location  of  such  diseased  animal,  the  name 
and  address  of  the  owner  thereof,  and  the  type  and  character  of  the 
disease.  (S.  C.  Sec.  127.) 

§ 3.  Glanders,  farcy,  and  other  contagious  diseases;  animals  suffering 
therefrom  not  to  be  retained  or  exposed;  destruction  authorized. — No 
person  shall  keep  or  retain,  or  cause  or  allow  to  be  kept  or  retained, 
at  any  place  in  the  City  of  New  York,  any  animal  affected  with 
glanders  or  farcy,  or  any  other  contagious  disease,  but  shall,  im- 
mediately upon  his  or  her  discovery  that  such  animal  is  thus  affected, 
report  the  fact  and  the  location  of  such  animal  to  the  Department 
of  Health. 

The  Sanitary  Superintendent,  an  Assistant  Sanitary  Superintend- 
ent, or  the  Director  of  the  Bureau  of  Infectious  Diseases,  of  the  De- 
partment of  Health,  shall  cause  every  such  animal  to  be  promptly 
isolated  or  killed,  and,  if  killed,  the  body  thereof  to  be  promptly 
removed  and  disposed  of,  in  such  manner  as  he  shall  designate. 
(S.  C.  Sec.  125.) 

§ 4.  Animals  suffering  from  or  exposed  to  contagious  diseases  not 
to  be  brought  into  or  kept  in  city. — No  cattle,  swine,  sheep,  horses, 
dogs,  or  cats,  which  are  affected  with  or  have  been  exposed  to  any 
disease  which  is  contagious  among  such  animals,  shall  be  brought 
into  or  kept  in  the  City  of  New  York.  (S.  C.  Sec.  124.) 

§ 5.  Animal  injured  or  diseased  beyond  recovery  and  abandoned, 
to  be  destroyed. — Any  animal,  in  any  street  or  public  place  wfithin  or 
adjacent  to  the  built-up  portion  of  the  City  of  New  York,  appearing, 
in  the  opinion  of  any  officer  or  inspector  of  the  Department  of  Health 
(and  that  of  two  citizens,  requested  by  such  officer  or  inspector  to 
24 


370  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

view,  in  his  presence,  the  said  animal),  to  be  so  injured  or  diseased 
as  to  preclude  the  possibility  of  such  animal  thereafter  serving  any 
useful  purpose,  and  not  being  properly  cared  for,  may,  if  not  re- 
moved within  one  hour  after  being  found  in  such  condition  by  the 
said  officer  or  inspector,  be  destroyed  by  or  according  to  the  direc- 
tion of  the  said  officer  or  inspector.  (S.  C.  Sec.  129.) 

§ 6.  Animals  injured  or  diseased  past  recovery^  dead,  or  affected  with 
an  infectious  or  contagious  disease  to  be  reported  and  removed. — Any 
person  owning  or  having  in  his  charge  or  under  his  control  an  animal 
injured  or  diseased  past  recovery,  or  dead,  and  not  killed  for  or 
proper  for  use  as  food,  or  affected  with  an  infectious  or  contagious 
disease,  in  the  City  of  New  York,  shall,  immediately  upon  discover- 
ing or  learning  such  fact,  notify  the  Department  of  Health  thereof, 
and  shall,  under  the  direction  of  the  Sanitary  Superintendent,  an 
Assistant  Sanitary  Superintendent,  or  the  Director  of  the  Bureau  of 
Infectious  Diseases,  of  the  Department  of  Health,  or  an  officer  of 
the  Police  Department,  remove  or  cause  the  removal  of  such  animal 
to  such  place  as  such  official  shall  designate.  (S.  C.  Sec.  130.) 

§ 7.  Dead,  sick,  or  injured  animals;  interference  by  unauthorized 
persons  prohibited. — No  person  other  than  a police  officer  or  an  in- 
spector or  officer  of  the  Department  of  Health,  or  other  person  au- 
thorized by  law  so  to  do,  shall,  in  any  way  interfere  with  any  dead, 
sick,  or  injured  animal  in  any  street  or  public  place  in  the  City  of 
New  York,  except  that  the  owner  or  person  having  control  of  such 
animal  may  terminate  its  life  in  the  presence  and  by  the  consent  of 
any  such  officer,  inspector,  or  person.  (S.  C.  Sec.  131.) 

§ 8.  Dead,  sick,  or  injured  animals;  conditions  dangerous  to  life  or 
detrimental  to  health  prohibited. — No  person  shall  leave  in  or  throw 
into  any  street  or  public  place,  or  public  water,  in  the  City  of  New 
York,  or  offensively  expose  or  bury,  anywhere  in  the  said  City,  the 
body  (or  any  part  thereof)  of  any  dead,  sick,  or  injured  animal;  nor 
shall  any  person  keep  any  dead  animal  or  any  offensive  meat,  bird, 
fowl,  or  fish,  in  a place  where  the  same  may  be  dangerous  to  the 
life  or  detrimental  to  the  health  of  any  person.  (S.  C.  Sec.  128.) 

§ 9.  Dead  horses;  to  be  tagged  before  placing  in  street. — All  dead 
horses,  before  being  placed  in  the  street,  must  bear  a tag  giving  the 
name  and  address  of  the  owner  thereof  and  the  stable  from  which 
the  horse  is  removed.  (S.  C.  Sec.  126.) 

§ 10.  Rabid  and  vicious  animals;  Department  of  Health  to  be  noti- 
fied; destruction  authorized;  removal  regulated. — Every  animal  that 
has  rabies  or  that  shows  symptoms  of  rabies,  and  every  animal  that 
has  been  bitten  by  another  animal  affected  with  rabies,  or  has  been 
otherwise  exposed  to  such  disease  shall,  by  the  person  owning  the 
same  or  having  possession  thereof,  be  at  once  confined  in  some  secure 
place  for  such  length  of  time  as  may  be  necessary  for  the  purpose 
of  determining  whether  such  disease  exists  or  showing  that  such 
exposure  has  not  given  such  animal  said  disease,  and  of  avoiding  all 
danger  to  life  or  health,  and  such  person  shall  also,  immediately  upon 
discovering  or  learning  any  of  the  aforesaid  facts,  notify  the  Depart- 
ment of  Health  thereof  and  of  the  place  where  such  animal  is  con- 
fined. Every  animal  which  is  mad  or  has  rabies  shall  at  once  be 
killed  by  the  owner  or  person  having  possession  thereof,  or  by  the 
Department  of  Health,  and  the  body  of  any  animal  that  has  died  of 


THE  SANITARY  CODE 


871 


such  disease,  or  being  suspected  of  such  disease  has  been  killed,  shall 
be  at  once  surrendered  to  the  Department  of  Health  for  disposition. 

Should  a dog  bite  any  person,  it  shall  be  the  duty  of  the  owner, 
o^  person,  having  the  same  in  his  possession  or  under  his  control, 
to  immediately  notify  said  Department  thereof,  and  surrender  said 
dog  to  said  Department  for  inspection  and  observation;  and  such 
dog  shall  be  returned  to  the  person  from  whom  the  same  shall  have 
been  received  if  found  not  rabid  or  vicious,  and,  if  found  to  be  rabid 
or  vicious  to  such  an  extent  as  to  be  unsafe  to  be  at  large,  it  shall  be 
destroyed  by  said  Department. 

When  the  police  or  other  person  or  authorities  destroy  a dog  for 
any  of  the  causes  herein  mentioned,  it  shall  be  his  or  their  duty  to 
immediately  notify  the  Department  of  Health  thereof  and  of  the 
location  of  its  body,  so  that  the  said  body  may  be  obtained  by  the 
said  Department;  and  it  shall  be  unlawful  to  remove  any  dog  or 
animal  to  which  the  provisions  of  this  section  apply,  or  the  body  of 
any  such  dog  or  animal,  except  as  herein  provided.  (S.  C.  Sec.  132.) 

§ 11.  HorseSy  cattlSy  swine y sheep,  geese,  and  goats;  not  to  he  kept  or 
yarded  without  a permit. — No  horses  shall  be  yarded  and  no  cattle, 
swine,  sheep,  geese,  or  goats,  shall  be  kept  or  yarded  within  or  ad- 
jacent to  the  built-up  portions  of  the  City  of  New  York,  without  a 
permit  issued  therefor  by  the  Board  of  Health.  (S.  C.  Sec.  73.) 

§ 12.  Keeping  of  cows  regulated. — No  co\Vs  shall  be  kept  in  the 
City  of  New  York  without  a permit  issued  therefor  by  the  Board  of 
Health  or  otherwise  than  in  accordance  with  the  terms  of  the  said 
permit  and  with  the  Regulations  of  said  Board.  (S.  C.  Sec.  72.) 

§ 13.  Tuberculin  test  of  cows;  certificate. — No  milch  cow  or  cow  in- 
tended for  any  purpose  other  than  slaughter,  shall  be  admitted  to 
the  City  of  New  York  unless  accompanied  by  a certificate  stating 
that  the  said  cow  is  free  from  tuberculosis  so  far  as  may  be  ascer- 
tained by  physical  examination  and  the  application  of  the  tuberculin 
test.  Said  certificate  shall  contain  a physical  description  of  the  cow 
sufficiently  accurate  for  the  purpose  of  identification,  and  must  be 
signed  by  a legally  registered  veterinarian,  who  shall  state  the  date 
and  place  of  his  registration.  The  certificate  shall  also  bear  a num- 
ber which  must  correspond  with  a tag  that  shall  have  been  securely 
attached  to  and  be  on  the  ear  of  the  cow.  The  certificate  shall  also 
contain  the  date  of  the  examination,  which  examination  shall  have 
been  made  not  more  than  sixty  days  prior  to  the  time  the  cow  indi- 
cated therein  is  brought  into  the  city;  it  must  also  contain  the  place 
of  examination,  the  temperature  of  the  cow  for  twelve  hours  prior 
to  the  injection  of  tuberculin,  the  name,  quality,  and  character  of 
the  preparation  of  tuberculin  used,  the  location  of  the  injection,  the 
quantity  injected,  and  the  temperatures  from  the  eighth  to  the 
eighteenth  hours  after  the  injection,  or  until  the  reaction  is  com- 
pleted. (S.  C.  Sec.  124.) 

§ 14.  Cattle;  adequate  veyitilation,  proper  food  and  water  to  be  pro- 
vided.— No  cattle  shall  be  kept  in  any  place,  in  the  City  of  New  York, 
where  the  ventilation  is  not  adequate,  and  the  water  and  food  are 
not  of  such  quality  and  in  such  condition  as  to  properly  preserve  their 
health,  condition;  and  wholesomeness  for  food.  (S.  C.  Sec.  71.) 

§ 15.  Cattle,  method  of  transporting  in  vehicles  restricted. — No  cattle 
shall  be  placed  or  carried  while  bound  or  tied  by  the  legs,  or  bound 


372  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

down  by  the  neck,  in  any  vehicle  in  the  City  of  New  York,  but  shall 
be  allowed  to  freely  stand  in  such  vehicle  when  transported  and 
while  being  therein.  (S.  C.  Sec.  77.) 

§ 16.  Shelter  for  homeless  animals;  site  to  be  approved;  conduct  thereof 
regulated. — No  shelter  for  homeless  animals  shall  hereafter  be  opened 
or  established  in  the  City  of  New  York  unless  the  site  therefor  be 
first  approved  by  the  Board  of  Health;  and  no  such  shelter  shall 
be  conducted  in  said  City  without  a permit  therefor  issued  by  the 
said  Board  or  otherwise  than  in  accordance  with  the  terms  of  said 
permit  and  with  the  Regulations  of  said  Board.  (S.  C.  Sec.  8la.) 

§ 17.  Unmuzzled  dogs;  not  permitted  in  any  public  place. — No  un- 
muzzled dog  shall  be  permitted,  at  any  time,  to  be  on  any  public 
highway  or  in  any  public  park  or  place  in  the  City  of  New  York. 
(S.  C.  Sec.  80a.) 

§ 18.  Sale  of  small  animals  regulated. — No  person  shall  sell  or  keep 
for  sale  at  any  place  in  the  City  of  New  York  any  dogs,  cats,  birds, 
or  other  small  animals,  without  a permit  therefor  issued  by  the  Board 
of  Health  or  otherwise  than  in  accordance  with  the  terms  of  said 
permit  and  with  the  Regulations  of  said  Board.  (S.  C.  Sec.  80.) 

§ 19.  Live  chickens,  geese,  ducks,  and  other  fowls;  the  keeping,  killing, 
and  sale  regulated. — No  live  chickens,  geese,  ducks,  or  other  fowls, 
shall  be  brought  into,  or  kept,  held,  offered  for  sale,  sold,  or  killed 
in,  any  yard,  area,  cellar,  coop,  building,  premises,  public  market, 
or  other  public  place,  except  premises  used  for  farming  in  unimproved 
sections  of  the  City,  without  a permit  therefor  issued  by  the  Board 
of  Health  or  otherwise  than  in  accordance  with  the  terms  of  said 
permit  and  with  the  Regulations  of  said  Board.  (S.  C.  Sec.  79.) 

§ 20.  Keeping  of  live  pigeons  regulated. — No  live  pigeons  shall  be 
kept  within  the  built-up  portion  of  the  City  of  New  York  without  a 
permit  therefor  issued  by  the  Board  of  Health  or  otherwise  than  in 
accordance  with  the  terms  of  said  permit  and  with  the  Regulations 
of  said  Board.  (S.  C.  Sec.  81.) 


ARTICLE  3 

BIRTHS,  MARRIAGES,  AND  DEATHS 

Sec.  31.  Births;  parents  and  every  person  to  report;  physicians  and 
professional  midwives  to  keep  register  and  file  written 
copy. 

§ 32.  Deaths;  duty  of  physicians  and  other  persons  to  report; 
contents  of  death  certificate;  physicians  to  register  with 
Bureau  of  Records. 

§ 33.  Births,  marriages,  and  deaths;  copy  of  registry  to  be  filed. 

§ 34.  Marriages;  duty  of  clergymen,  magistrates,  and  other  per- 
sons performing  ceremony. 

§ 35.  Persons  who  perform  the  marriage  ceremony  must  register. 

§ 36.  False  certificates,  statements,  and  reports. 

§ 37.  Dead  bodies  of  human  beings;  permit  to  carry  or  convey 
required;  exception. 

§ 38.  Dead  bodies  of  human  beings;  transit  permit  required;  con- 
ditions under  which  said  permit  will  be  granted. 


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373 


§ 39.  Dead  bodies  of  human  beings  not  to  be  retained  or  exposed. 

§ 40.  Dead  bodies  of  human  beings  not  to  be  retained  unburied. 

§ 41.  Dead  bodies  of  human  beings;  duty  of  persons  discovering 
such  bodies  to  communicate  with  Department  of  Health. 

§ 42.  Dead  bodies  of  human  beings;  interment,  cremation,  or 
other  disposition;  permit  required. 

§ 43.  Sextons  and  undertakers;  to  register  with  Department  of 
Health. 

§ 44.  Duties  of  sextons  and  other  persons. 

§ 45.  Crematories,  burying-grounds,  cemeteries,  tombs,  and 
vaults;  permit  required  to  establish,  to  bury,  and  to  open 
receptacle;  burial  of  dead  body  restricted. 

§ 31.  Births;  parents  and  every  person  to  report;  physicians  and  pro- 
fessional midwives  to  keep  register  and  file  written  copy. — It  shall  be 
the  duty  of  the  parents  of  any^ehild  born  in  the  City  of  New  York 
(and  if  there  be  no  parent  alive  that  has  made  such  report,  then  of 
the  next  of  kin  of  said  child  born),  and  of  every  person  present  at 
such  birth,  to  file  with  the  Department  of  Health,  within  ten  days 
after  such  birth,  a report,  in  wTiting,  stating,  as  far  as  known,  the 
date,  borough,  street,  and  street  number  of  said  place  of  birth,  the 
name,  sex,  and  color  of  such  child  born,  the  name,  residence,  birth- 
place, and  age  of  the  parents,  respectively,  the  occupation  of  the 
father,  and  the  maiden  name  of  the  mother.  It  shall  also  be  the 
duty  of  physicians  and  professional  mid  wives  to  keep  a registry  of 
the  several  births  in  which  they  have  assisted  professionally,  which 
shall  contain  the  date  of  birth,  the  borough,  street,  and  street  number 
of  premises  wherein  such  birth  took  place,  the  sex  and  color  of  the 
child,  and  also,  as  nearly  as  can  be  ascertained,  the  name  of  the  said 
child,  the  number  of  previous  children  born  of  the  mother,  the  num- 
ber now  living,  the  name,  residence,  birthplace,  and  age  of  the  parents, 
respectively,  the  occupation  of  the  father,  and  the  maiden  name  of 
the  mother;  and  it  shall  be  the  duty  of  such  physicians  and  profes- 
sional midwives,  also,  to  file  a written  copy  of  the  said  registry  of 
birth  with  the  Department  of  Health  in  the  borough  office  of  the 
borough  wherein  the  birth  occurred,  within  ten  days  after  such  birth, 
upon  blank  forms  furnished  by  the  said  Department.  Such  physi- 
cians and  professional  midwives  shall  also  certify  that  they  assisted 
professionally  at  the  birth  so  reported,  and  that  all  the  other  facts 
stated  in  the  copy  of  the  said  registry  are  true  to  the  best  of  their 
knowledge,  information,  and  belief.  (S.  C.  Sec.  159.) 

Statute  requires  N.  Y.  Boards  of  Health  to  make  complete  registration  of  births, 
deaths  and  marriages.  People  v.  New  Lots,  34  Hun,  336;  Matter  of  Lauteryung, 
48  N.  Y.  Super.  Ct.  308. 

§ 32.  Deaths;  duty  of  physicians  and  other  persons  to  report;  contents 
of  death  certificate;  physicians  to  register  with  Bureau  of  Records. — 
Physicians  who  shall  have  attended  deceased  persons  in  their  last 
illness  shall  make  and  preserve  a registry  of  the  death  of  every  such 
person,  stating  the  cause  thereof  and  specifying  the  date,  hour, 
street,  and  street  number  of  the  premises,  of  such  death,  and  shall 
file  with  the  Department  of  Health  a report,  in  writing,  of  the  death 
of  every  such  person,  stating,  as  nearly  as  can  be  ascertained,  the 
date  of  death,  the  sex,  name  and  surname,  age,  occupation,  term  of 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


residence  in  the  City  of  New  York,  place  of  nativity,  condition  of 
life,  namely,  whether  single  or  married,  a widow  or  widower,  or  di- 
vorced, the  color,  last  place  of  residence,  the  name  and  birthplace  of 
the  parents,  respectively,  the  maiden  name  of  the  mother,  and  the 
chief  and  determining,  and  the  contributory,  cause  or  causes  of 
death,  of  such  person;  stating  also  whether  an  autopsy  has  been  per- 
formed, and,  if  so,  the  findings  of  such  autopsy;  and  the  coroners  of 
the  City,  and  the  physicians  to  the  coroners,  shall,  in  their  certifi- 
cates, conform  to  the  requirements  of  this  section,  and,  where  death 
shall  have  resulted  from  accident,  homicide,  or  suicide,  shall  specify 
how,  when,  and  where  the  injuries  causing  such  death  were  received. 
(S.  C.  Sec.  160.) 

Mandamus  will  lie  to  compel  a hospital  to  correct  a certificate  of  death  which 
they  have  filed  with  the  Health  Department.  People  ex  rel.  Haase  v.  German 
Hosp.,  8 Abb.  N.  C.  332. 

§ 33.  Births,  marriages,  and  deaths;  copy  of  registry  to  he  filed. — It 
shall  be  the  duty  of  every  person  required  to  make  or  keep  a registry  / 
of  births,  marriages,  or  deaths,  to  present  to  the  Bureau  of  Records 
of  the  Department  of  Health  a copy  of  such  registry  signed  by  such 
person,  within  ten  days  after  the  birth  or  marriage,  and  within  thirty- 
six  hours  after  the  death,  of  any  person  to  whom  such  registry  relates, 
which  copy  of  such  registry  shall  thereupon  be  placed  on  file  in  the 
said  Bureau.  (S.  C.  Sec.  161.) 

This  does  not  mean  leaving  the  notice  personally  with  the  Board  of  Health; 
mailing  is  suflScient.  Dept.  Health  City  of  N.  Y.  v.  Owen,  94  App.  Div.  425. 

§ 34.  Marriages;  duty  of  clergymen,  magistrates,  and  other  persons 
performing  ceremony. — It  shall  be  the  duty  of  clergymen,  magis- 
trates, and  other  persons  who  perform  the  marriage  ceremony  in 
the  City  of  New  York,  to  keep  a registry  of  the  marriages  performed 
by  them,  respectively,  which  shall  contain  the  place  and  date  of 
marriage,  the  age,  color,  name  and  surname,  birthplace,  and  resi- 
dence, respectively,  of  the  bride  and  groom,  the  number  of  times 
each  has  been  married,  the  condition  of  each,  namely,  whether 
single,  a widow  or  widower,  or  divorced,  the  occupation  of  the  groom, 
the  maiden  name  of  the  bride,  if  a widow,  and  the  names  of  the 
parents  and  the  maiden  name  of  the  mother,  of  each.  (S.  C.  Sec. 
158.) 

§ 35.  Persons  who  perform  the  marriage  ceremony  must  register. — 
Every  person  authorized  by  law  to  perform  the  marriage  ceremony 
shall,  before  performing  any  such  ceremony  in  the  City  of  New  York, 
register  his  or  her  name  and  address,  and  every  change  of  address, 
in  the  office  of  the  Bureau  of  Records  of  the  Department  of  Health. 
(S.  C.  Sec.  158.) 

§ 36.  False  certificates,  statements,  and  reports. — No  person  shall 
make,  prepare,  deliver,  or  issue  any  false  certificate,  statement,  or 
report,  of  a birth,  marriage,  or  death,  or  any  certificate,  statement, 
or  report,  which  is  not  in  accordance  with  the  facts  of  the  birth,  mar- 
riage, or  death.  All  certificates,  statements,  and  reports,  of  births, 
marriages,  or  deaths,  shall  be  signed  by  the  person  purporting  to 
make  the  same,  and  no  person  shall  sign  or  forge  the  name  of  another 
to  any  such  certificate,  statement,  or  report.  (S.  C.  Sec.  162.) 

§ 37.  Dead  bodies  of  human  beings;  permit  to  carry  or  convey  re- 
quired; exception. — No  captain,  agent,  or  other  person,  having  charge 


THE  SANITAUV  CODE 


375 


of  or  attached  to  any  ferry-boat  or  sailing  or  other  vessel,  or  any 
person  in  charge  of  any  public  or  private  vehicle  or  conveyance,  shall 
convey  or  allow  to  be  conveyed,  thereon  or  therein,  from,  through, 
into,  or  within  the  City  of  New  York,  nor  shall  any  person  carry  or 
convey,  or  allow  to  be  carried  or  conveyed,  in  any  manner,  from, 
through,  into,  or  within  the  said  City,  the  dead  body  of  any  human 
being,  or  any  part  thereof,  without  a permit  therefor  issued  by  the 
Board  of  Health  or  otherwise  than  in  accordance  with  the  terms  of 
such  permit  and  the  Regulations  of  said  Board;  provided,  however, 
that  the  same  effect  shall  be  given,  under  this  section,  to  a transit 
permit  issued  by  Boards  of  Health,  Health  Officers,  Registrars,  or 
other  duly  authorized  persons,  in  any  State  of  the  United  States 
whose  rules  and  regulations  for  the  transportation  of  the  dead  shall, 
when  such  permit  is  issued,  be  in  material  accord  with  those  at  the 
time  in  force  in  the  City  of  New  York,  as  though  such  permit  were 
issued  by  the  Board  of  Health  of  the  City  of  New  York.  (S.  C. 
Sec.  163.) 

§ 38.  Dead  bodies  of  human  beings;  transit  permit  required;  condi- 
tions under  which  said  permit  will  be  granted. — No  transit  permit  shall 
be  granted  for  the  removal,  burial,  or  other  disposition  of  the  re- 
mains of  any  person  who  shall  have  died  in  the  City  of  New  York 
unless  a certificate  of  death,  prepared  upon  a form  furnished  by  the 
Department  of  Health  and  signed  as  hereinafter  provided,  shall  have 
been  filed  in  the  said  Department. 

Such  certificate  must  be  signed  by  a physician  upon  whom  has 
been  conferred  the  degree  of  doctor  of  medicine,  or  by  a physician 
who  has  been  granted  a license  after  a medical  examination  con- 
ducted by  the  New  York  State  Board  of  Medical  Examiners,  the 
questions  for  which  have  been  prepared  by  the  Board  of  Regents  of 
said  State.  (S.  C.  Sec.  163a.) 

§ 39.  Dead  bodies  of  human  beings  not  to  be  retained  or  exposed. — 
No  person  shall  retain,  expose,  or  allow  to  be  retained  or  exposed, 
the  dead  body  of  any  human  being  to  the  peril  or  prejudice  of  the 
life  or  health  of  any  person.  (S.  C.  Sec.  164.) 

§ 40.  Dead  bodies  of  human  beings  not  to  be  retained  unburied. — No 
person  shall  retain  unburied  the  dead  body  of  any  human  being  for 
a longer  period  than  four  days  after  the  death  of  such  person,  with- 
out a permit  from  the  Sanitary  Superintendent,  an  Assistant  Sani- 
tary Superintendent,  or  the  Director  of  the  Bureau  of  Infectious 
Diseases,  which  permit  shall  specify  the  length  of  time  during  which 
such  body  may  be  so  retained.  (S.  C.  Sec.  165.) 

§ 41.  Dead  bodies  of  human  beings;  duty  of  persons  discovering  such 
bodies  to  communicate  with  Department  of  Health. — It  shall  be  the 
duty  of  every  person  who  has  discovered  or  seen  the  body  of  a dead 
human  being  or  any  part  thereof  (if  there  is  reason  for  such  person 
to  think  that  the  fact  of  the  death,  or  the  place  of  such  body,  or  part 
thereof,  is  not  publicly  known),  to  immediately  communicate  to 
the  Department  of  Health  the  fact  that  such  person  has  discovered 
or  seen  such  body,  the  place  where,  and  time  when,  such  body  was 
discovered  or  seen,  and  (if  known)  the  place  where  such  body  is  or 
may  be  found,  and  any  facts  known  by  which  such  body  may  be 
identified  or  the  cause  of  death  ascertained.  (S.  C.  Sec.  166.) 

§ 42.  Dead  bodies  of  human  beings;  interment^  cremation,  or  other 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


disposition;  permit  required. — No  interment,  cremation,  or  other 
disposition,  of  the  dead  body  of  any  human  being,  shall  be  made  in 
the  City  of  New  York  without  a permit  therefor  issued  by  the  Board 
of  Health  or  otherwise  than  in  accordance  with  the  terms  of  such 
permit  and  the  Regulations  of  said  Board,  and  the  said  dead  body 
shall  be  placed  in  a metallic  or  tin-lined  box,  or  a box  so  constructed 
as  to  prevent  the  issuance  of  any  liquids  therefrom.  No  sexton  or 
other  person  shall  assist  in,  assent  to,  or  allow  the  interment,  crema- 
tion, or  other  disposition  of  any  such  body,  or  aid  the  preparation  of 
or  assist  in  preparing  any  grave  or  place  of  deposit  for  any  such  body, 
unless  a permit  shall  have  been  issued,  as  hereinbefore  provided,  au- 
thorizing such  interment,  cremation,  or  other  disposition  of  such 
body ; and  it  shall  be  the  duty  of  every  person  who  shall  receive  any 
such  permit  to  return  such  permit  to  the  Department  of  Health  in 
accordance  with  the  Regulations  of  the  Board  of  Health.  (S.  C. 
Sec.  167.) 

§ 43.  Sextons  and  undertakers;  to  register  with  Deportment  of  Health. 
— Every  person  who  acts  as  a sexton  or  undertaker  in  the  City  of 
New  York,  or  has  the  charge  or  care  of  any  crematory,  vault,  torhb, 
burying-ground,  or  cemetery  for  the  reception  of  the  dead  bodies  of 
human  beings,  or  any  place  wherein  the  bodies  of  any  human  beings 
are  deposited,  shall  cause  his  or  her  name  and  address,  and  every 
change  of  address,  and  the  character  of  his  or  her  duties,  to  be  regis- 
tered with  the  Bureau  of  Records  of  the  Department  of  Health. 
(S.  C.  Sec.  169.) 

§ 44.  Duties  of  sextons  and  other  persons. — Every  sexton  and  other 
person  having  charge  of  any  crematory,  burying-ground,  cemetery, 
tomb,  or  vault,  in  the  City  of  New  York,  shall,  before  twelve  o^clock 
on  Monday  of  each  week,  make  a return  to  the  Department  of 
Health,  which  return  shall  set  forth  a record  of  the  receipt  and  dis- 
position of  each  body  buried  or  cremated  since  the  last  return,  and 
which  said  return  shall  be  in  such  form,  and  shall  specify  such  addi- 
tional particulars,  as  the  Regulations  of  the  Board  of  Health  shall 
require.  (S.  C.  Sec.  170.) 

§ 45.  Crematories,  hurying-grounds,  cemeteries,  tombs,  and  vaults; 
permit  required  to  establish,  to  bury,  and  to  open  receptacle;  burial  of 
dead  body  restricted. — No  new  crematory,  burying-ground,  cemetery, 
tomb,  or  vault  to  be  used  for  the  reception  of  dead  human  bodies 
shall  be  established,  nor  shall  an}^  dead  body,  or  the  remains  thereof, 
be  placed  in  any  existing  burying-ground,  vault,  tomb,  or  cemetery, 
in' the  City  of  New  York,  nor  shall  any  grave,  vault,  tomb,  or  other 
receptacle  in  which  there  is  a human  body  or  any  part  thereof,  be 
opened,  exposed,  or  disturbed,  without  a permit  therefor  issued  by 
the  Board  of  Health  or  otherwise  than  in  accordance  with  the  terms 
of  such  permit  and  the  Regulations  of  said  Board,  and  every  body 
buried  in  any  such  place  shall  be  buried  to  the  depth  of  six  feet  below 
the  surface  of  the  ground,  and  four  feet  below  any  closely  adjacent 
street,  except  that,  in  the  Borough  of  Queens,  a body  may  be  buried 
to  the  depth  of  three  feet  below  the  surface  of  the  ground.  (S.  C. 
Sec.  168.) 


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377 


ARTICLE  4 

BUILDINGS 

Sec.  51.  Joint  and  several  responsibility  of  owner,  lessee,  tenant,  and 
occupant  for  existence  of  nuisance  or  violation  of  Sanitary 
Code. 

§52.  Inadequate  strength,  ventilation,  light,  and  sewerage,  of 
buildings,  and  conditions  therein  dangerous  or  prejudicial 
to  life  or  health,  forbidden. 

§ 53.  Nuisances,  conditions  dangerous  and  prejudicial  to  life  or 
health;  duties  of  owners,  tenants,  lessees,  and  occupants 
of  buildings  and  lots. 

§ 54.  Dwellings;  sanitary  conditions;  duties  of  owner  and  lessee. 

§ 55.  Theatres,  manufactories,  and  workrooms;  sanitary  condi- 
tions, lighting,  heating,  and  ventilation. 

§ 56.  Lodging-houses,  boarding-houses,  or  manufactories  not  to 
be  overcrowded. 

§ 57.  Schools,  gymnasiums,  and  places  of  public  worship;  duties 
and  responsibilities  of  persons  in  charge. 

§ 58.  Stables;  to  be  maintained  in  accordance  with  the  Regula- 
tions of  the  Board  of  Health. 

§ 59.  Roof  and  skylights  to  be  kept  in  good  repair. 

§ 60.  Walls  and  ceilings  to  be  clean. 

§ 61.  Water  tanks  on  roofs  of  buildings;  their  use  regulated. 

§ 62.  Sleeping  in  cellars  or  in  any  place  dangerous  or  prejudicial 
to  life  or  health  prohibited. 

Sec.  51.  Joint  and  several  responsibility  of  owner ^ lessee,  tenant, 
and  occupant  for  existence  of  nuisance  or  violation  of  Sanitary  Code. — 
The  owner,  lessee,  tenant,  and  occupant  of  every  building  or  premises, 
or  of  any  part  thereof,  where  there  shall  be  a nuisance,  or  a violation 
of  any  section  of  the  Sanitary  Code,  shall  be  jointly  and  severally 
liable  therefor,  in  so  far  as  they,  respectively,  have  the  power  to 
prevent  or  abate  such  nuisance  or  prevent  such  violation,  and,  to 
such  extent,  each  of  them  may  be  required  to  abate  the  nuisance, 
or  comply  with  the  order  of  the  Board  of  Health  in  respect  to  such 
building,  premises,  or  part  thereof.  (S.  C.  Sec.  13.) 

Golden  v.  Health  Dept.,  21  App.  Div.  420;  People  ex  rel.  Copcutt  v.  Board  of 
Health,  140  N.  Y.  1;  Board  of  Health  v.  Copcutt,  140  N.  Y.  12;  Lawton  v.  Steele, 
119  N.  Y.  226. 

§ 52.  Inadequate  strength,  ventilation,  light,  and  sewerage,  of  build- 
mgs,  and  conditions  therein  dangerous  or  prejudicial  to  life  or  health, 
forbidden. — No  person,  persons,  or  corporation,  shall  hereafter,  in 
the  City  of  New  York,  erect  or  cause  to  be  erected,  or  convert  or 
cause  to  be  converted  to  a new  purpose  by  alteration,  any  building 
or  structure,  or  change  or  cause  to  be  changed  the  construction  of 
any  part  of  any  building  or  structure  by  addition  or  otherwise,  so 
that  it,  or  any  part  thereof,  shall  be  inadequate  or  defective  in  respect 
to  strength,  ventilation,  light,  sewerage,  or  any  other  usual,  proper, 
or  necessary  provision  or  precaution  for  the  security  of  life  and 
health;  nor  shall  the  builder,  owner,  lessee,  tenant,  or  occupant  of 
any  building  or  structure  in  the  said  City  cause  or  allow  any  matter 


378 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


or  thing  to  be  or  to  be  done  in  or  about  any  such  building  or  structure 
dangerous  or  prejudicial  to  life  or  health.  (S.  C.  Sec.  16.) 

§ 53.  Nuisances,  conditions  dangerous  and  prejudicial  to  life  or 
health;  duties  of  owners,  tenants,  lessees,  and  occupants  of  buildings 
and  lots. — Every  owner  of  any  building,  premises,  or  lot  (whether 
vacant  or  occupied),  and  every  tenant,  lessee,  and  occupant  of  any 
building,  premises,  or  lot,  within  or  adjacent  to  the  built-up  portions 
of  the  City  of  New  York  shall  keep  and  cause  to  be  kept  the  sidewalk, 
flagging,  and  curb  stone,  in  front  thereof  free  from  obstructions  and 
nuisances  of  every  kind;  and  no  such  owner,  tenant,  lessee,  or  occu- 
pant shall  allow  anything  in,  on,  or  about  such  building,  premises, 
or  lot,  or  any  condition  arising  or  existing  therein  or  thereon  to  be- 
come a nuisance,  or  dangerous  or  prejudicial  to  life  or  health.  (S.  C. 
Sec.  41.) 

§ 54.  Dwellings;  sanitary  conditions;  duties  of  owner  and  lessee. — 
No  owner  or  lessee  of  any  building,  or  any  part  thereof,  shall  lease 
or  let  or  hire  out  or  allow  the  same  or  any  part  thereof  to  be  occupied 
by  any  person,  or  allow  any  one  to  dwell  or  lodge  therein,  except 
when  said  building  or  such  parts  thereof  are  sufficient!}^  lighted, 
ventilated,  provided,  and  accommodated,  and  are  in  all  respects  in 
that  condition  of  cleanliness  and  wholesomeness  for  which  this  Code 
or  any  law  of  this  State  provides,  or  in  which  the  said  Code  or  any 
such  law  requires  any  such  premises  to  be  kept.  Nor  shall  any  such 
person,  having  power  to  prevent  the  same,  rent,  let,  hire  out,  or 
allow,  to  be  used  as  or  for  a place  of  sleeping  or  residence,  any  cellar 
in  any  building,  or  any  room  of  which  the  floor  is  damp  by  reason 
of  water  from  the  ground,  or  which  is  impregnated  or  penetrated  by 
any  offensive  gas,  smell,  or  exhalation,  prejudicial  to  health.  (S.  C. 
Sec.  17.) 

§ 55.  Theatres,  manufactories,  and  workrooms;  sanitary  condi-  ' 
Hons,  lighting,  heating,  and  ventilation. — The  owner,  agent,  lessee, 
tenant,  manager,  and  person  conducting  every  theatre,  auditorium, 
assembly  hall,  factory,  workroom,  store,  or  office,  shall  cause  every 
part  thereof  and  its  appurtenances  to  be  put,  and  shall  thereafter 
cause  the  same  to  be  kept,  in  a cleanly  and  sanitary  condition,  and 
shall  cause  every  room  thereof  to  be  adequately  lighted;  shall  pro- 
vide, in  each  room  thereof,  proper  and  sufficient  means  of  ventilation 
by  natural  or  mechanical  means,  or  both,  and  maintain  proper  de- 
grees of  temperature  and  humidity  in  every  room  thereof;  and  shall 
cause  every  part  of  any  such  place  to  be  provided  with  such  accom- 
modations and  safeguards,  as  not,  by  reason  of  the  want  thereof,  or 
by  reason  of  anything  about  the  condition  of  such  place  or  its  appur- 
tenances, to  cause  any  unnecessary  danger  or  detriment  to  the  life 
or  health  of  any  person  being  proper Iv  therein  or  thereat.  (S.  C. 
Sec.  22.) 

§ 56.  Lodging-houses,  boarding-houses,  or  manufactories  not  to  be 
overcrowded. — No  owner,  lessee,  or  keeper  of  any  lodging-house, 
boarding-house,  factory,  workroom,  store,  office,  or  place  of  business, 
shall  cause  or  allow  the  same  to  be  overcrowded  or  cause  or  allow 
so  great  a number  of  persons  to  dwell,  be,  or  sleep  in  any  such  house, 
or  any  portion  thereof,  as  thereby  to  cause  any  danger  or  detriment 
to  life  or  health.  (S.  C.  Sec.  19.) 

§ 57.  Schools,  gymnasiums,  and  places  of  public  v^orship;  duties  and 


THE  SANITARY  CODE 


379 


responsibilities  of  persons  in  charge, — No  master  or  teacher,  or  mana- 
ger of,  or  in,  any  school,  public  or  private,  or  of  or  in  any  Sunday- 
school  or  gymnasium,  or  the  officer  thereof,  or  officer  or  manager  or 
person  having  charge  of  any  place  of  public  worship,  shall  so  far  omit 
or  neglect  any  duty  or  reasonable  care  or  precaution  respecting  the 
safety  or  health  of  any  scholar,  pupil,  or  attendant,  or  respecting  the 
temperature,  ventilation,  cleanliness,  or  strength,  of  any  church,  hall 
of  worship,  school-house,  school-room,  or  place  of  practice  or  exercise 
connected  therewith,  or  relative  to  anything  appurtenant  thereto, 
so  that  by  reason  of  such  neglect  or  omission,  the  life  or  health  of 
any  person  shall  suffer  or  incur  any  avoidable  peril  or  detriment.  (8. 
C.  Sec.  25.) 

§ 58.  Stables;  to  be  maintained  in  accordance  with  the  Regutations  of 
the  Board  of  Health. — No  stable  shall  be  maintained  in  the  City  of 
New  York  without  a permit  therefor  issued  by  the  Board  of  Health 
or  otherwise  than  in  accordance  with  the  terms  of  said  permit  and 
with  the  Regulations  of  said  Board.  The  provisions  of  this  section 
shall  apply  to  the  owner,  lessee,  tenant,  occupant,  or  person  in  charge 
of  such  stable. 

§ 59.  Roofs  and  skylights  to  be  kept  in  good  repair. — The  roofs, 
skylights,  walls,  and  windows  of  all  buildings  shall  be  kept  in  a condi- 
tion of  good  repair  so  that  rain  water  shall  not  enter  the  building. 
(8.  C.  8ec.  24.) 

§ 60.  Walls  and  ceilings  to  he  clean. — All  filthy  and  dirty  walls  and 
ceilings  of  any  building,  including  the  walls  and  ceilings  of  the  cellars 
thereof,  shall  be  thoroughly  cleaned  and  whitewashed  whenever 
required  by  the  Department  of  Health.  (8.  C.  Sec.  23.) 

§ 61.  Water  tanks  on  roofs  of  buildings;  their  use  regulated. — Every 
tank  for  holding  water  located  on  the  roof  or  external  part  of  a 
building  shall  be  kept  completely  covered  with  a tight-fitting  cover, 
and  every  such  tank  shall  be  ventilated.  Every  tank  from  which 
water  is  furnished  for  drinking  and  domestic  purposes  shall  be  emp- 
tied and  the  inside  thoroughly  cleaned  at  least  once  a year  and  at 
such  other  times  as  may  be  directed  by  the  Sanitary  Superintendent 
or  an  Assistant  Sanitary  Superintendent  of  the  Department  of 
Health.  (S.  C.  Sec.  62a.) 

§ 62.  Sleeping  in  cellars  or  in  any  place  dangerous  or  prejudicial 
to  life  or  health  prohibited. — No  person  having  the  right  and  power 
to  prevent  the  same  shall  knowingly  cause  or  permit  any  person  to 
sleep  or  remain  in  any  cellar,  in  any  bathroom,  in  any  room  where 
there  is  a water-closet,  or  in  any  place  dangerous  or  prejudicial  to 
life  or  health,  by  reason  of  the  want  of  ventilation  or  drainage,  or 
by  reason  of  the  presence  of  any  poisonous,  noxious,  or  offensive 
odor  or  substance,  or  otherwise.  (S.  C.  Sec.  ik) 


ARTICLE  5 

COLD  STORAGE 

Sec.  71.  The  term  ‘Hood”  defined. 

§ 72.  Cold  storage  food  to  be  marked. 

§ 73.  Time  that  cold  storage  food  may  be  kept. 


380  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

§ 74.  Food  when  once  released  for  the  purpose  of  placing  same  on 
market  for  sale  not  to  be  returned  to  cold  storage. 

§ 75.  Food  kept  in  cold  storage  not  to  be  sold  without  represent- 
ing the  fact  of  such  storage. 

Sec.  71.  The  term  defined. — The  term  food  as  used  in  this 

Article  shall  include  any  article,  except  nuts,  fruits,  cheese  and  vege- 
tables, used  for  food  by  man  or  animal  and  every  ingredient  of  such 
article. 

§ 72.  Cold  storage  food  to  he  marked. — It  shall  hereafter  be  unlaw- 
ful for  any  person  or  persons,  corporation  or  corporations,  engaged 
in  the  business  of  cold  storage  warehousemen  or  in  the  business  of 
refrigerating,  to  receive  any  kind  of  food  unless  the  said  food  is  in  an 
apparently  pure  and  wholesome  condition,  and  the  food  or  the  pack- 
age containing  the  same  is  branded,  stamped  or  marked,  in  some 
conspicuous  place,  with  the  day,  month  and  year  when  the  same  is 
received  in  storage  or  refrigeration. 

It  shall  be  unlawful  for  any  person  or  persons,  corporation  or  cor- 
porations, engaged  in  the  business  of  cold  storage  warehousemen  or 
in  the  business  of  refrigerating  to  permit  any  article  of  any  kind 
whatsoever  used  for  food  in  the  possession  of  any  person  or  persons, 
corporation  or  corporations,  engaged  in  the  business  of  cold  storage 
warehousemen  or  refrigerating,  to  be  taken  from  their  possession 
without  first  having  branded,  stamped  or  marked  on  said  food  stuffs 
or  the  package  containing  same,  in  a conspicuous  place,  the  day, 
month  and  year  when  said  food  stuffs  or  package  was  removed  from 
cold  storage  or  refrigeration. 

It  shall  also  be  unlawful  for  any  person  or  persons,  corporation 
or  corporations,  to  offer  for  storage  in  a cold  storage  warehouse  or 
to  place  in  storage  in  a cold  storage  warehouse  any  article  of  food 
unless  the  same  is  in  an  apparently  pure  and  wholesome  condition. 

§ 73.  Time  that  cold  storage  food  may  he  kept. — It  shall  hereafter  be 
unlawful  for  any  person,  corporation  or  corporations,  engaged  in 
the  business  of  cold  storage  warehousemen  or  refrigerating,  or  for 
any  person  or  corporation  placing  food  in  a cold  storage  warehouse, 
to  keep  in  storage  for  preservation  or  otherwise  any  kind  of  food  or 
any  article  used  for  food  a longer  period  than  ten  calendar  months, 
excepting  butter  products,  which  may  be  kept  in  said  cold  storage 
or  refrigeration  twelve  calendar  months. 

§ 74.  Food  when  once  released  for  the  purpose  of  placing  some  on 
market  for  sale  not  to  he  returned  to  cold  storage. — When  food  has  been 
in  cold  storage  or  refrigeration  and  is  released  therefrom  for  the  pur- 
pose of  placing  the  same  on  the  market  for  sale  it  shall  be  a violation 
of  the  provisions  of  this  Article  to  again  place  such  food  in  cold 
storage  or  refrigeration. 

§ 75.  Food  kept  in  cold  storage  not  to  he  sold  without  representing  the 
fact  of  such  storage. — It  shall  be  a violation  of  the  provisions  of  this 
Article  to  sell  any  article  or  articles  of  food  that  have  been  kept  in 
cold  storage  or  refrigeration,  without  representing  the  same  to  have 
been  so  kept. 


THE  SANITARY  CODE 


ARTICLE  6 

CORONERS 


3.S1 


Sec.  80.  Duties  of  Coroners. 

§ 81.  Coroners  to  report  information  relative  to  the  death  of  any 
person. 

§ 82.  Inquests;  return  to  be  made  by  Coroners. 

Sec.  80.  Duties  of  Coroners. — Every  Coroner  in  the  City  of  New 
York,  at  least  two  hours  before  the  holding  of  any  inquest,  shall 
transmit  and  cause  to  be  delivered  to  the  Department  of  Health 
written  notice  containing  the  following  facts  so  far  as  known  or  re- 
ported to  such  Coroner: 

1.  The  fact  of  any  call  for  the  holding  of  an  inquest,  by  whom  made, 
and  when  and  from  whom  received  by  the  Coroner. 

2.  The  place  (giving  the  street  and  street  number,  and  if  there  be 
none,  then  other  particulars)  where  the  body  is. 

3.  What  is  reported  to  be  the  cause  of  the  death. 

4.  When  and  where  the  death  took  place,  and  where  the  body  has 
since  been. 

5.  When  and  where  such  Coroner  proposes  to  hold  the  inquest, 
giving  the  street,  the  street  number  (or  otherwise  sufficiently  desig- 
nating such  place),  and  the  hour. 

6.  What  physician,  physicians,  or  other  professional  person,  last 
attended  such  deceased  person,  or  attended  such  person  within 
forty-eight  hours  of  such  decease. 

At  any  time  after  the  commencement  of  any  inquest,  the  Coroner 
holding  or  who  held,  such  inquest,  shall,  within  twelve  hours  after 
the  receipt  of  a written  request  so  to  do  from  the  Sanitary  Superin- 
tendent, answer  in  writing  such  of  the  following  or  such  other  ques- 
tions as  may  be  propounded  to  him  by  the  said  Sanitary  Superin- 
tendent, to  the  best  of  his  knowledge,  information,  and  belief,  and 
in  the  following  form:  Report  of  Coroner  (here  insert  Coroner’s 
name)  upon  the  body  of  (here  fill  in  name  or  description  of  deceased), 
on  the  (here  fill  in  year,  month,  and  day),  at  (here  mention  street 
and  number). 

1.  What  was  the  age,  sex,  last  occupation,  residence,  and  nativity 
of  such  deceased  person? 

2.  At  what  house  or  place,  in  or  near  what  street  or  avenue,  and 
at  what  number  therein,  did  such  deceased  person  die? 

3.  If  such  deceased  person  died  of  any  poison,  when  and  where 
was  the  same  administered,  and  what  was  the  kind  of  poison? 

4.  If  such  deceased  person  died  of  violence,  when  and  where  was 
the  same  committed,  upon  what  part  of  the  body  and  organs  was  it 
committed,  and  of  what  did  such  violence  consist? 

5.  If  such  deceased  person  died  of  any  other  disease,  what  was  the 
cause,  and  when  and  where  did  the  cause  take  effect  upon,  or  was  it 
received  by,  the  deceased? 

6.  Who  was  last  in  care  of  or  with  such  deceased  person  before 
death,  and  at  what  place  and  time?  Give  the  full  name  and  residence 
of  each  such  person. 

7.  What  were  the  name  and  residence  of  the  physician  and  persons, 


382 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


respectively,  who  last  attended,  and  of  each  physician  and  person 
who  within  forty-eight  hours  of  such  death  attended,  such  deceased 
person,  and  where  did  he,  she,  or  they  so  attend?  Was  such  physician 
or  person,  or  were  such  physicians  or  persons,  notified  of,  did  he,  she, 
or  they  attend,  and  was  such  physician  or  person,  or  were  such  physi- 
cians or  persons  examined  at  such  inquest? 

8.  At  what  times,  places,  and  dates  was  the  inquest  held?  What 
were  the  names  and  residences  by  street  number  of  the  jurors  and 
witnesses  that  attended,  and  the  dates  of  their  attendance?  When 
and  where  was  the  body  of  the  deceased  present  at  such  inquest? 

9.  Was  any  post-mortem  examination  made,  and  if  so,  when,  where, 
and  by  whom,  and  who  was  present  thereat?  (S.  C.  Sec.  171.) 

§ 81.  Coroners  to  report  information  relative  to  the  death  of  any  per- 
son.— Every  Coroner  of  the  City  of  New  York  shall,  immediately 
after  any  information  relative  to  the  death,  in  said  City,  of  any  per- 
son shall  have  been  received  by  such  Coroner  or  at  the  office  of  such 
Coroner,  notify  the  Department  of  Health,  or  cause  the  said  Depart- 
ment to  be  notified,  thereof,  apprising  the  said  Department  of  the 
substance  of  such  information. 

§ 82.  Inquests;  return  to  he  made  by  Coroners. — Every  Coroner  in 
the  City  of  New  York  shall  make  a return  to  the  Bureau  of  Records 
of  the  Department  of  Health  of  every  inquest  held  by  such  Coroner, 
except  when  such  return  is  required  by  law  to  be  filed  elsewhere, 
and  such  return  shall  include  the  evidence  taken  at  such  inquest,  the 
verdict  of  the  jury,  and  the  full  names  and  residences  of  the  several 
jurymen;  and  such  return  shall  be  made  within  forty-eight  hours 
after  the  holding  of  such  inquest. 

And,  in  all  cases  where  the  return  is  required  by  law  to  be  filed 
elsewhere,  such  Coroner  shall  forward  to  the  said  Bureau  a copy  of 
such  return  or  a full  report  of  such  inquest,  which  copy  or  report  shall 
include  a copy  of  the  evidence  taken  at  such  inquest,  the  verdict  of 
the  jury,  and  the  full  names  and  residences  of  the  several  jurymen; 
and  such  copy  or  report  shall  be  so  forwarded  within  forty-eight 
hours  after  the  holding  of  such  inquest. 

ARTICLE  7 

DISEASES 

Sec.  86.  Duty  of  persons  in  charge  of  hospitals,  and  of  physicians, 
to  report  infectious  diseases. 

§ 87.  Duty  of  every  person  to  report  persons  affected  with  an 
infectious  disease. 

§ 88.  Duty  of  superintendents  of  hospitals  and  dispensaries,  and 
of  physicians,  to  report  cases  of  venereal  disease. 

§ 89.  Isolation  of  persons  affected  with  infectious  diseases. 

§ 90.  Duty  of  physicians  to  report  deaths  from  infectious  dis- 
eases. 

§ 91.  Puerperal  septicaemia  and  suppurative  conjunctivitis; 

duty  of  officers  of  schools,  dispensaries,  and  other  insti- 
tutions, and  of  physicians,  to  report. 

§ 92.  Occupational  diseases  and  injuries;  duty  of  officers  of  hos- 
pitals, public  institutions,  and  dispensaries,  and  of  physi- 
cians, to  report. 


THE  .SANITARY  CODE 


383 


§ 93.  Group  of  cases  of  food  poisoning;  duty  of  officers  of  hospi- 
tals, and  of  physicians,  to  report. 

§ 94.  Exclusion  of  children  from  schools. 

§ 95.  Exclusion  of  teachers  and  instructors  affected  with  certain 
diseases. 

§ 96.  Isolation  of  persons  affected  with  infectious  diseases  in 
institutions. 

§ 97.  Removal  of  persons  affected  with  any  infectious  disease 
authorized. 

§ 98.  Removal  of  persons  affected  with  an  infectious  disease 
regulated. 

§ 99.  Persons  having  an  infectious  disease  not  to  engage  in 
manufacturing  in  tenement  houses. 

§ 100.  Acts  tending  to  promote  spread  of  disease  prohibited. 

§ 101.  Disinfection  and  renovation  of  premises,  furniture,  and 
belongings. 

§ 102.  Duties  of  undertakers. 

§ 103.  Public  or  church  funerals  prohibited  where  death  has  been 
caused  by  certain  diseases. 

Sec.  86.  Duty  of  persons  in  charge  of  hospitals^  and  of  physicians, 
to  report  infectious  diseases. — It  shall  be  the  duty  of  the  manager  or 
managers,  superintendent,  or  person  in  charge  of  every  hospital, 
institution,  or  dispensary,  in  the  City  of  New  York,  to  report  to  the 
Department  of  Health  in  writing  the  full  name,  age,  and  address 
of  every  occupant  or  inmate  thereof  or  person  treated  therein,  af- 
fected with  any  one  of  the  infectious  diseases  included  in  -the  follow- 
ing list,  with  the  name  of  the  disease,  within  twenty-four  hours  after 
the  time  when  the  case  is  diagnosed,  and  it  shall  be  the  duty  of  every 
physician  in  the  said  City  to  make  a similar  report  to  the  said  De- 
partment within  the  same  period  relative  to  any  person  found  by 
such  physician  to  be  affected  with  any  one  of  the  said  infectious 
diseases,  stating,  in  each  instance,  the  name  of  the  disease:  acute  an- 
terior poliomyelitis  (infantile  paralysis),  anthrax,  Asiatic  cholera, 
diphtheria  (croup),  dysentery  (epidemic),  epidemic  cerebro-spinal 
meningitis,  glanders,  suppurative  conjunctivitis,  hook-worm  disease, 
leprosy,  malarial  fever,  measles,  mumps,  paratyphoid  fever,  plague, 
pulmonary  tuberculosis,  rabies,  rubella  (German  measles,  rotheln), 
scarlet  fever,  epidemic  septic  sore  throat,  smallpox,  tetanus,  tra- 
choma, trichinosis,  tuberculous  meningitis,  typhoid  fever,  typhus 
fever,  varicella  (chicken-pox),  whooping-cough,  and  yellow  fever. 

Provided,  that  if  the  disease  is  typhoid  fever,  scarlet  fever,  diph- 
theria, epidemic  dysentery,  or  epidemic  septic  sore  throat,  every 
such  report  shall  also  show  whether  the  patient  has  been,  or  any  mem- 
ber of  the  household  in  which  the  patient  resides  is,  engaged  or  em- 
ployed in  the  handling  of  milk,  cream,  butter,  or  other  dairy  products 
for  sale  or  preliminary  to  sale.  (S.  C.  Sec.  133.) 

§ 87.  Duty  of  every  person  to  report  persons  affected  with  an  infec- 
tious disease. — When  no  physician  is  in  attendance,  it  shall  be  the 
duty  of  every  person  having  knowledge  of  any  person  affected  with 
any  disease  apparently  or  presumably  infectious  to  at  once  report 
to  the  Department  of  Health  all  facts  in  relation  to  the  illness  and 
physical  condition  of  any  such  person.  (S.  C.  Sec.  136.) 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 88.  Duty  of  superintendents  of  hospitals  and  dispensaries y and  of 
physicians,  to  report  cases  of  venereal  disease. — It  shall  be  the  duty  of 
the  manager,  superintendent,  or  person  in  charge,  of  any  correctional 
institution  and  of  every  public  or  private  hospital,  dispensary,  clinic, 
asylum,  or  charitable  institution  in  the  City  of  New  York  to  report 
promptly  to  the  Department  of  Health  the  name  or  initials,  together 
with  the  sex,  age,  marital  state,  and  address,  of  every  occupant  or 
inmate  thereof  or  person  treated  therein,  affected  with  syphilis  or 
gonorrhoea;  and  it  shall  also  be  the  duty  of  every  physician  in  the 
said  City  to  promptly  make  a similar  report  to  the  Department  of 
Health  relative  to  any  person  found  by  such  physician  to  be  affected 
with  syphilis  or  gonorrhoea.  All  reports  made  in  accordance  with 
the  provisions  of  this  section,  and  all  records  of  clinical  or  laboratory 
examinations  indicating  the  presence  of  syphilis  or  gonorrhoea,  shall 
be  regarded  as  confidential,  and  shall  not  be  open  to  inspection  by 
the  public  or  by  any  person  other  than  the  official  custodian  of  such 
reports  or  records  in  the  Department  of  Health,  the  Commissioner 
of  Health,  and  such  other  persons  as  may  be  authorized  by  law  to 
inspect  such  reports  or  records,  nor  shall  the  custodian  of  any  such 
report  or  record,  the  said  Commissioner  of  Health,  or  any  such  other 
person  divulge  any  part  of  any  such  report  or  record  so  as  to  dis- 
close the  identity  of  the  person  to  whom  it  relates. 

§ 89.  Isolation  of  persons  affected  with  infectious  diseases. — It  shall 
be  the  duty  of  every  physician,  immediately  upon  discovering  a 
person  affected  with  an  infectious  disease,  to  secure  such  isolation  of 
such  person  or  to  take  such  other  action  as  is  or  may  be  required 
by  the  Regulations  of  the  Department  of  Health.  (S.  C.  Sec.  138.) 

But  no  person  can  be  quarantined  simply  because  he  has  not  been  vaccinated. 
Matter  of  Smith,  146  N.  Y.  68. 

§ 90.  Duty  of  physicians  to  report  deaths  from  infectious  diseases. — 
It  shall  be  the  duty  of  every  physician  to  report  forthwith,  in  writing, 
to  the  Department  of  Health,  the  death  of  every  person  who  dies 
from,  or  while  suffering  with,  any  infectious  disease,  and  to  state  in 
such  report  the  specific  name  and  type  of  such  disease.  (S.  C.  Sec. 
135.) 

§ 91.  Puerperal  septicaemia  and  suppurative  conjunctivitis;  duty  of 
officers  of  schools,  dispensaries,  and  other  institutions,  and  of  physi- 
cians, to  report. — It  shall  be  the  duty  of  the  manager  or  managers, 
superintendent,  or  person  in  charge  of  every  sanitarium,  day  nursery, 
convalescent  home,  home  for  children,  reformatory,  training  school, 
boarding  school,  hospital,  dispensary,  or  other  institution  for  the 
care  or  treatment  of  persons,  in  the  City  of  New  York,  to  immediately 
report  or  cause  to  be  immediately  reported  to  the  Department  of 
Health,  the  name,  age  (so  far  as  can  be  ascertained),  and  residence 
of  every  person  received  therein  or  treated  thereat  who  is  affected 
with  puerperal  septicaemia  or  suppurative  conjunctivitis,  with  the 
name  of  the  disease  with  which  such  person  is  affected,  and  it  shall 
be  the  duty  of  every  physician  in  the  said  City  to  immediately  make, 
or  cause  to  be  immediately  made,  a similar  report  to  the  said  Depart- 
ment relative  to  any  person  found  by  such  physician  to  be  so  af- 
fected, stating,  in  each  instance,  the  name  of  the  disease  with  which 
such  person  is  affected.  Every  such  manager,  physician,  and  officer 
shall  also  report  the  name  and  address  of  the  physician  or  midwife 


THE  SANITARY  CODE 


385 


in  attendance  at  the  time  of  the  onset  of  the  disease,  which  informa- 
tion it  is  hereby  made  the  duty  of  every  institution  herein  specified 
to  obtain  and  record  among  its  records.  (S.  C.  Sec.  144.) 

§ 92.  Occupational  diseases  and  injuries;  duty  of  officers  of  hospitals^ 
public  institutions^  and  dispensaries^  and  of  physicians ^ to  report. — 
It  shall  be  the  duty  of  the  manager  or  managers,  superintendent, 
or  person  in  charge  of  every  hospital,  institution,  or  dispensary,  in 
the  City  of  New  York,  to  report  to  the  Department  of  Health,  in 
writing,  the  full  name,  age,  and  address  of  every  occupant  or  inmate 
thereof  or  person  treated  therein,  affected  with  any  one  of  the  occu- 
pational diseases  included  in  the  list  appended,  with  the  name  of 
the  disease,  within  twenty-four  hours  after  the  time  when  the  case 
is  diagnosed  and  it  shall  be  the  duty  of  every  physician  to  make  a 
similar  report  to  the  said  Department  within  the  said  period  relative 
to  any  person  found  by  such  physician  to  be  affected  with  any  one 
of  the  said  occupational  diseases,  stating,  in  each  instance,  the  name 
of  the  disease:  Arsenic  poisoning,  bisulphide  of  carbon  poisoning, 
brass  poisoning,  caisson  disease  (compressed-air  illness),  carbon 
monoxide  poisoning,  dinitrobenzine  poisoning,  lead  poisoning,  mer- 
cury poisoning,  methyl  alcohol  or  wood  naphtha  poisoning,  natural 
gas  poisoning,  phosphorus  poisoning.  (S.  C.  Sec.  134.) 

§ 93.  Group  of  cases  of  food  poisoning;  duty  of  officers  of  hospitals, 
and  of  physicians,  to  report. — It  shall  be  the  duty  of  every  physician, 
and  of  the  manager,  superintendent,  or  other  person  in  charge  of 
any  hospital,  dispensary,  or  other  institution,  having  knowledge  of 
the  occurrence  of  a number  or  group  of  cases  of  severe  or  fatal  ill- 
ness, which  appear  to  be  due  to  the  consumption  of  spoiled  or  poi- 
sonous articles  of  food  to  immediately  report  the  same  to  the  De- 
partment of  Health. 

§ 94.  Exclusion  of  children  from  schools. — No  principal  or  superin- 
tendent of  any  school,  and  no  parent,  master,  or  custodian  of  any 
child  or  minor  (having  the  power  and  authority  to  prevent)  Shall 
permit  any  child  or  minor  having  acute  poliomyelitis  (infantile 
paralysis),  chicken-pox,  diphtheria  (croup),  epidemic  cerelDro-spinal 
meningitis,  measles,  mumps,  pulmonary  tuberculosis  (if  in  a com- 
municable form),  rubella  (German  measles,  rotheln),  scarlet  fever, 
smallpox,  or  whooping-cough,  or  any  child  or  minor  in  any  family, 
or  living  with  any  family,  in  which  any  such  disease  exists  or  has 
recently  existed,  to  attend  any  public,  private,  or  parochial  school 
until  the  Department  of  Health  shall  hdve  given  its  permission  there- 
for, nor  shall  any  such  principal,  superintendent,  parent,  master, 
or  custodian  permit  any  child  or  minor  to  be  unnecessarily  exposed, 
or  to  needlessly  expose  any  other  person,  to  any  infectious  disease 
or  to  any  infective  person  or  agent.  (S.  C.  Sec.  145.) 

§ 95.  Exclusion  of  teachers  and  instructors  affected  with  certain  dis- 
eases.— No  person  affected  with  pulmonary  tuberculosis  (if  in  a com- 
municable form)  or  with  any  other  disease  mentioned  in  Section  94 
of  the  Sanitary  Code  shall  be  employed  as  teacher  or  instructor  in 
any  public,  private,  or  parochial  school,  or  permitted  to  teach  or  in- 
struct therein,  unless  the  written  permission  therefor  shall  have  been 
obtained  from  the  Department  of  Health. 

§ 96.  Isolation  of  persons  affected  with  infectious  diseases  in  institu- 
tions.— It  shall  be  the  duty  of  the  manager  or  managers,  superin- 
25 


386 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


tendent,  or  person  in  charge  of  every  sanatorium,  sanitarium,  day 
nursery,  convalescent  home,  home  for  children,  reformatory,  train- 
ing school,  boarding  school,  hospital,  dispensary,  or  other  institution 
for  the  care  or  treatment  of  persons,  in  the  City  of  New  York,  to 
provide  and  maintain  a suitable  room  or  rooms  for  the  isolation  of 
persons  affected  with  such  infectious  diseases  as  the  Regulations  of 
the  Department  of  Health  may  from  time  to  time  designate  as  being 
subject  to  the  provisions  of  this  section,  and  such  persons  shall  im- 
mediately be  isolated  in  such  room  or  rooms.  (S.  C.  Sec.  140.) 

§ 97.  Removal  of  persons  affected  with  any  infectious  disease  au- 
thorized.— Whenever  an  inspector  of  the  Department  of  Health 
shall  report  in  writing  that  any  person  affected  with  any  infectious 
disease,  under  such  circumstances  that  the  continuance  of  such  per- 
son in  the  place  where  he  or  she  may  be  is  dangerous  to  the  lives  or 
health  of  other  persons  residing  in  the  neighborhood,  the  Sanitary 
Superintendent,  an  Assistant  Sanitary  Superintendent,  or  the  Direc- 
tor of  the  Bureau  of  Infectious  Diseases,  of  the  said  Department, 
upon  the  report  of  a Medical  Inspector  of  the  said  Department  may 
cause  the  removal  of  such  person  to  a hospital  designated  by  the 
Board  of  Health.  (S.  C.  Sec.  139.) 

§ 98.  Removal  of  persons  affected  with  an  infectious  disease  regu- 
lated.— No  person  shall,  in  the  City  of  New  York,  without  a permit 
therefor  issued  by  the  Board  of  Health,  carry,  move,  or  cause  to  be 
carried  or  moved,  in  any  manner  whatsoever,  through  any  public 
street  or  place  any  person  affected  with  an  infectious  disease,  or 
any  article  which  has  been  exposed  to  such  disease;  nor  shall  any  per- 
son remove  or  cause  to  be  removed,  in  the  City  of  New  York,  any 
such  person  or  article  from  any  building  or  vessel  to  any  other  build- 
ing or  vessel,  or  to  the  shore,  without  a permit  therefor  issued  by 
the  Board  of  Health.  (S.  C.  Sec.  143.) 

§ 99.  Persons  having  an  infectious  disease  not  to  engage  in  manu- 
facturing in  tenement  houses. — Unless  permission  therefor  shall  have 
been  obtained  from  the  Department  of  Health,  no  person  affected 
with  any  infectious  disease,  or  who  is  exposed  to  any  infectious  dis- 
ease, shall,  in  any  tenement  house  or  in  any  part  thereof,  engage  in 
the  manufacture,  altering,  repairing,  or  finishing  of  any  article  what- 
soever, except  for  the  sole  and  exclusive  use  of  the  person  so  engaged. 

Whenever  required  by  the  Sanitary  Superintendent,  an  Assistant 
Sanitary  Superintendent,  or  the  Director  of  the  Bureau  of  Infectious 
Diseases,  of  the  Department  of  Health,  any  person  engaged  in  the 
manufacture,  altering,  repairing,  or  finishing  of  any  article  whatso- 
ever, except  for  the  sole  and  exclusive  use  of  the  person  so  engaged, 
shall  submit  to  a physical  examination  by  a medical  inspector  of 
the  said  Department. 

§ 100.  Acts  tending  to  promote  spread  of  disease  prohibited.— 
person  shall  by  any  exposure  of  any  individual  sick  of  any  infectious 
disease,  or  of  the  body  of  such  person,  or  by  any  negligent  act  con- 
nected therewith,  or  in  respect  of  the  care  or  custody  thereof,  or  by 
a needless  exposure  of  himself,  cause,  contribute  to,  or  promote,  the 
spread  of  disease  from  any  such  person,  or  from  any  dead  body. 
(S.  C.  Sec.  143.) 

§ 101.  Disinfection  and  renovation  of  premises , furniture,  and  belong- 
ings,— Adequate  disinfection  or  cleansing  and  renovation  of  premises. 


THE  SANITARY  CODE 


387 


furniture,  and  belongings,  deemed  by  the  Department  of  Health  to 
be  infected  by  any  contagious,  infectious  or  communicable  disease, 
shall  immediately  follow  the  recovery,  death,  or  removal  of  the  per- 
son suffering  from  such  disease,  and  such  disinfection  or  cleansing 
and  renovation  shall  be  performed  by  the  owner  of  said  premises. 
(S.  C.  Sec.  146.) 

§.102.  Duties  of  undertakers. — It  shall  be  the  duty  of  every  under- 
taker having  notice  of  the  death  of  any  person  within  the  City  of 
New  York  of  acute  cerebro-spinal  meningitis,  acute  poliomyelitis 
(infantile  paralysis),  Asiatic  cholera,  diphtheria  (croup),  plague, 
scarlet  fever,  smallpox,  or  typhus  fever,  or  of  the  bringing  of  the  dead 
body  of  any  person  who  has  died  of  any  such  disease  into  the  said 
City,  to  give  immediate  notice  thereof  to  the  Department  of  Health. 
No  person  shall  retain  or  expose,  or  assist  in  the  retention  or  exposure 
of,  the  dead  body  of  any  such  person  except  in  a coffin  or  casket 
properly  sealed;  nor  shall  any  person  allow  any  such  body  to  be 
placed  in  any  coffin  or  casket  unless  the  body  shall  have  been  wrapped 
in  a sheet  saturated  with  a proper  disinfecting  solution,  and  the  coffin 
or  casket  shall  then  be  immediately  and  permanently  sealed.  No 
undertaker  shall  assist  in  the  public  or  church  funeral  of  any  such 
person.  No  undertaker  shall  use,  or  cause  or  allow  to  be  used,  at 
any  funeral  or  in  any  room  where  the  dead  body  of  any  such  person 
shall  be,  any  draperies,  decorations,  rugs,  or  carpets,  belonging  to  or 
furnished  by  him  or  under  his  direction.  (S.  C.  Sec.  141.) 

§ 103.  Public  or  church  funerals  prohibited  where  death  has  been 
caused  by  certain  diseases. — A public  or  church  funeral  shall  not  be 
held  of  any  person  who  has  died  of  acute  poliomyelitis  (infantile 
paralysis),  Asiatic  cholera,  diphtheria  (croup),  epidemic  cerebro- 
spinal meningitis,  measles,  plague,  scarlet  fever,  smallpox,  typhus 
fever,  or  yellow  fever,  but  the  funeral  of  such  person  shall  be  private, 
and  it  shall  not  be  lawful  to  invite  to,  or  permit  at,  the  funeral  of 
any  person  who  has  died  of  any  one  of  the  above  diseases,  or  invite 
to  or  permit  at  any  services  connected  therewith,  any  person  whose 
attendance  is  not  necessary,  or  from  or  to  whom  there  is  danger  of 
contagion  thereby.  (S.  C.  Sec.  142.) 


ARTICLE  8 

DRUGS  AND  MEDICINES 


Sec.  116.  Drugs;  manufacture  and  sale  regulated;  the  terms  ^Mrugs,'' 
‘^adulterated,^’  and  “misbranded”  defined. 

§ 117.  Regulating  the  sale  of  proprietary  and  patent  medicines.^ 

§ 118.  Drugs,  medicines,  decoctions,  and  drinks;  fraudulent  dis- 
tribution prohibited. 

§ 119.  Proprietary  medicines;  distributions  of  samples  regulated. 

§ 120.  The  use  of  living  bacterial  organisms  in  the  inoculation  of 
human  beings  regulated. 

§ 121.  Free  distribution  of  vaccine  antitoxin,  serum  and  cultures 
regulated. 

§ 122.  Poison;  sale  and  distribution  regulated. 

§ 123.  Carbolic  acid;  sale  regulated. 


388  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

§ 124.  Wood  naphtha,  otherwise  known  as  wood  alcohol  or 
methyl  alcohol;  sale  and  distribution  regulated. 

§ 125.  Bichloride  of  mercury;  sale  regulated. 

§ 126.  Habit  forming  drugs;  sale  and  distribution  regulated. 

Sec.  116.  Drugs;  manufacture  and  sale  regulated;  the  terms  drugs 
“ adulterated and  misbranded^ ^ defined. — No  person  shall  manu- 
facture or  produce,  or  have,  sell,  or  offer  for  sale,  in  the  City  of  New 
York,  any  drug  which  is  adulterated  or  misbranded.  The  term 
drug  as  herein  used  shall  include  all  medicines  for  external  or  internal 
use,  or  both.  Drugs  as  herein  defined  shall  be  deemed  adulterated: 

(1)  If,  when  sold  by  or  under  a name  recognized  in  the  United 
States  Pharmacopoeia  or  National  Formulary,  it  differs  from  the 
standard  of  strength,  quality,  or  purity  as  stated  in  the  United  States 
Pharmacopoeia  or  National  Formulary  at  the  time  of  investigation. 

(2)  If  its  strength  or  purity  falls  below  the  professed  standard 
under  which  it  is  sold. 

A drug  shall  be  deemed  misbranded : 

(a)  If  it  is  an  imitation  or  offered  for  sale  under  the  distinctive 
name  of  another  article. 

(b)  If  the  contents  of  the  package  as  originally  put  up  shall  have 
been  removed,  in  whole  or  in  part,  and  other  contents  shall  have 
been  placed  in  such  package,  or  if  the  package  fails  to  bear  a state- 
ment, on  the  label  thereof,  of  the  quantity  or  proportion  of  any  al- 
cohol, morphine,  opium,  cocaine,  heroin,  alpha  or  beta  eucaine, 
chloroform,  cannabis  indica,  chloral  hydrate,  or  acetanilid,  or  any 
derivative  or  preparation  of  any  such  substances,  contained  therein. 

(c)  If  the  package  or  label  bear  or  contain  any  statement,  design, 
or  device,  regarding  the  drug  or  its  ingredients,  or  regarding  its  or 
their  action  on  diseased  conditions,  which  statement,  design,  or  de- 
vice shall  be  false  or  misleading  in  any  particular. 

(d)  If  a box,  bottle,  or  package,  containing  virus,  therapeutic 
serum,  toxin,  antitoxin,  or  analogous  product,  fails  to  bear  on  the 
outside  thereof,  conspicuously,  clearly,  and  legibly  set  forth,  in 
English,  the  proper  name  of  the  substance  therein  contained,  the 
name  and  address  of  the  person,  persons,  firm,  or  corporation  by 
whom  or  by  which  the  said  substance  has  been  prepared,  the  date 
beyond  which  the  said  substance  cannot  be  reasonably  expected  to 
produce  the  result  or  results  for  which  it  has  been  prepared,  and  (if 
such  license  shall  have  been  obtained)  the  United  States  license 
number  of  the  establishment  in  which  the  said  substance  has  been 
prepared;  and,  in  the  case  of  diphtheria  and  tetanus  antitoxin,  if  the 
box,  bottle,  or  package  containing  such  antitoxin  shall  fail  to  bear 
on  the  outside  thereof  conspicuously,  clearly  and  legibly  set  forth, 
in  English,  the  value  of  the  contents  thereof  as  an  antitoxin,  which 
value  shall  be  measured  according  to  and  stated  in  the  terms  of  some 
generally  recognized  standard. 

(e)  If  any  proprietary  or  patent  medicine  to  which  the  provisions 
of  Section  117  of  this  Code  relate  shall  fail  to  contain  every  ingredient, 
the  name  of  which  shall  have  been  filed  in  the  Department  of  Health 
pursuant  to  said  Section  117  of  this  Code  as  a constituent  part  of 
said  medicine;  or  if  such  proprietary  or  patent  medicine  shall  contain 
any  ingredient,  the  name  of  which  shall  not  have  been  filed  in  the 


THE  SANITARY  CODE 


389 


said  Department  pursuant  to  said  Section  117  of  this  Code  as  a 
constituent  part  of  such  medicine.  (S.  C.  Sec.  69.)  [The  provisions 
of  subdivision  (e)  shall  take  effect  December  31,  1915. J 

§ 117.  Regulating  the  sale  of  proprietary  and  patent  medicines. — 
No  proprietary  or  patent  medicine  manufactured,  prepared,  or  in- 
tended, for  internal  human  use,  shall  be  held,  offered  for  sale,  sold, 
or  given  away,  in  the  City  of  New  York,  until  the  following  require- 
ments shall,  in  each  instance,  have  been  met: 

The  names  of  the  ingredients  of  every  such  medicine  shall  be 
registered  in  the  Department  of  Health  in  such  manner  as  the  Regu- 
lations of  the  Board  of  Health  may  prescribe. 

The  expression  ‘‘proprietary  or  patent  medicine, for  the  purposes 
of  this  section,  shall  be  taken  to  mean  and  include  every  medicine 
or  medicinal  compound  manufactured,  prepared,  or  intended,  for 
internal  human  use,  the  name,  composition,  or  definition  of  which 
is  not  to  be  found  in  the  United  States  Pharmacopoeia  or  National 
Formulary,  or  which  does  not  bear  the  name  of  each  ingredient  con- 
spicuously, clearly,  and  legibly  set  forth,  in  English,  on  the  outside 
of  each  bottle,  box,  or  package  in  which  the  said  medicine  or  medi- 
cinal compound  is  held,  offered  for  sale,  sold,  or  given  away. 

The  provisions  of  this  section  shall  not,  however,  apply  to  any 
medicine  or  medicinal  compound,  sold  or  given  away  upon  the  written 
prescription  of  a duly  licensed  physician,  provided  such  medicine  or 
medicinal  compound  be  sold  or  given  away  to  or  for  the  use  of  the 
person  for  whom  it  shall  have  been  prescribed,  and  provided,  also, 
that  the  said  prescription  shall  have  been  filed  at  the  establishment 
or  place  where  such  medicine  or  medicinal  compound  is  sold  or  given 
away,  in  chronological  order  according  to  the  date  of  the  receipt  of 
such  prescription  at  such  establishment  or  place. 

Every  such  prescription  shall  remain  so  filed  for  a period  of  five 
years. 

The  names  of  the  ingredients  of  proprietary  and  patent  medicines, 
registered  in  accordance  with  the  terms  of  this  section,  and  all  in- 
formation relating  thereto  or  connected  therewith,  shall  be  regarded 
as  confidential,  and  shall  not  be  open  to  inspection  by  the  public  or 
any  person  other  than  the  official  custodian  of  such  records  in  the 
Department  of  Health,  such  persons  as  may  be  authorized  by  law  to 
inspect  such  records,  and  those  duly  authorized  to  prosecute  or  enforce 
the  Federal  Statutes,  the  Laws  of  the  State  of  New  York,  both  crim- 
inal and  civil,  and  the  Ordinances  of  the  City  of  New  York,  but  only 
for  the  purpose  of  such  prosecution  or  enforcement. 

This  section  shall  take  effect  December  31,  1915. 

§ 118.  Drugs,  medicines,  decoctions,  and  drinks;  fraudulent  distribu- 
tion prohibited. — No  person  shall  make,  prepare,  put  up,  administer, 
or  dispense  any  prescription,  decoction,  or  medicine,  under  any  false 
or  misleading  name,  direction,  or  pretense;  nor  shall  any  ingredient 
be  substituted  for  another  in  any  prescription,  nor  shall  any  false  or 
misleading  representation  be  made  by  any  person  to  any  other,  as 
to  the  kind,  quality,  purpose,  or  effect  of  any  drug,  medicine,  decoc- 
tion, drink,  or  other  substance,  offered  or  intended  to  be  taken  as 
food  or  medicine.  (S.  C.  Sec.  65.) 

§ 119.  Proprietary  medicines;  distributions  of  samples  regulated. — 
No  person  shall,  in  the  City  of  New  York,  distribute,  free  of  charge. 


390  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

or  throw  away  any  nostrum,  proprietary  medicine,  or  other  sub- 
stance of  an  alleged  medicinal  or  curative  character,  intended  for 
internal  human  use,  in  any  street  or  public  place,  or  from  door  to 
door,  or  by  depositing  the  same  upon  private  premises. 

The  provisions  of  this  section  shall  not,  however,  apply  to  the 
distribution  by  manufacturers  or  wholesale  dealers  of  samples  of 
any  such  substance  to  physicians  or  to  the  trade. 

§ 120.  The  use  of  living  bacterial  organisms  in  the  inoculation  of 
human  beings  regulated. — The  use  of  living  bacterial  organisms  in  the 
inoculation  of  human  beings  for  the  prevention  or  treatment  of 
disease  is  hereby  prohibited  until  full  and  complete  data  regarding 
the  method  of  use,  including  a specimen  of  the  culture  and  other 
agents  employed  therewith,  and  a full  account  of  the  details  of  prep- 
aration, dosage,  and  administration  shall  have  been  submitted  to 
the  Board  of  Health  of  the  City  of  New  York,  and  permission  shall 
have  been  granted  in  writing  by  the  said  Board  for  such  use.  (S.  C. 
Sec.  148a.) 

§ 121.  Free  distribution  of  vaccine ^ antitoxin y serum  and  cultures 
regulated. — Any  duly  licensed  physician  who  shall  find  it  necessary 
to  administer  any  vaccine,  antitoxin,  serum,  or  culture  to  a patient 
too  poor,  or  dependent  upon  another  or  others  too  poor  to  pay  for 
such  vaccine,  antitoxin,  serum,  or  culture,  may  receive,  free  of  charge, 
the  requisite  quantity  thereof  upon  application  to  the  Department 
of  Health  or  any  of  its  duly  authorized  agents,  provided  that  such 
physician  shall  sign  a stipulation  to  the  effect  that  he  or  she,  as  the 
case  may  be,  will  not  exact  or  receive  from  such  patient  any  pay  for 
such  vaccine,  antitoxin,  serum,  or  culture. 

Any  such  physician,  however,  who  shall  exact  or  receive  such  pay 
after  having  signed  such  stipulation  shall  be  deemed  to  have  violated 
the  provisions  of  this  section. 

Every  such  stipulation  shall  be  filed  in -the  Department  of  Health. 

§ 122.  Poison;  sale  and  distribution  regulated. — No  person  shall 
sell  at  retail  or  give  away  any  poison  without  affixing  or  causing  to 
be  affixed  to  the  bottle,  box,  package,  parcel,  or  receptacle,  con- 
taining such  poison,  a label  upon  which  shall  be  printed  in  red  ink, 
in  plain  legible  characters,  the  name  of  the  substance  or  article,  the 
word  ‘‘POISON,’’  the  name  and  place  of  business  of  the  seller,  or 
donor,  if  the  poison  be  given  away,  a skull  and  crossbones,  the  word 
“CAUTION,”  the  maximum  dose  of  the  poison,  and  the  antidote 
therefor. 

The  provisions  of  this  section  shall  not  apply  to  medicinal  com- 
pounds containing  poisonous  drugs  in  therapeutic  doses  when  the 
maximum  dose  of  such  preparation  is  marked  upon  the  container. 
(S.  C.  Sec.  66.) 

§ 123.  Carbolic  acid;  sale  regulated. — No  phenol,  commonly  known 
as  carbolic  acid,  shall  be  sold  at  retail  by  any  person  in  the  City  of 
New  York,  except  upon  the  written  prescription  of  a duly  licensed 
physician,  when  in  a stronger  solution  than  five  per  cent.  (S.  C. 
Sec.  67.) 

§ 124.  Wood  naphthay  otherwise  known  as  wood  alcohol  or  methyl 
alcohol;  sale  and  distribution  regulated. — No  person  shall  sell,  offer 
for  sale,  give  away,  deal  in,  or  supply,  or  have  in  his  or  her  possession 
with  intent  to  sell,  offer  for  sale,  give  away,  deal  in,  or  supply,  any 


THE  SANITARY  CODE 


391 


article  of  food  or  drink  or  any  medicinal  or  toilet  preparation,  in- 
tended for  human  use  internally  or  externally,  which  contains  any 
wood  naphtha,  otherwise  known  as  wood  alcohol  or  methyl  alcohol, 
either  crude  or  refined,  whatever  may  be  the  name  or  trade-mark 
under  or  by  which  the  said  wood  naphtha  shall  be  called  or  known. 

No  person  shall  sell,  offer  for  sale,  give  away,  deal  in,  or  supply,  or 
have  in  his  or  her  possession  with  intent  to  sell,  offer  for  sale,  give 
away,  deal  in,  or  supply,  any  wood  naphtha,  otherwise  known  as 
wood  alcohol,  or  methyl  alcohol,  either  crude  or  refined,  whatever 
may  be  the  name  or  trade-mark  under  or  by  which  the  said  wood 
naphtha  shall  be  called  or  known,  unless  the  container  in  which  the 
same  is  sold,  offered  for  sale,  given  away,  dealt  in,  or  supplied,  shall 
bear  a notice  containing  the  following  device  and  words  conspicuously 
printed  or  stenciled  thereon,  viz. : 

(Skull  and  crossbones  represented.) 

POISON 

WOOD  NAPHTHA  OR  WOOD  ALCOHOL 

WARNING. — It  is  unlawful  to  use  this  fluid  in  any  article  of 
food,  beverage,  or  medicinal  or  toilet  preparation,  intended  for  in- 
ternal or  external  human  use.  (S.  C.  Sec.  66a.) 

§ 125.  Bichloride  of  mercury;  sale  regulated. — No  person  shall  sell 
or  offer  for  sale,  at  retail,  bichloride  of  mercury,  otherwise  known  as 
corrosive  sublimate,  in  the  dry  form,  except  upon  the  written  pre- 
scription of  a duly  licensed  physician  or  veterinary  surgeon,  and, 
then,  only  in  tablets  of  a particularly  distinctive  form  and  color, 
labeled  “POISON”  upon  each  tablet,  and  dispensed  in  sealed  glass 
containers  conspicuously  labeled  with  the  word  “POISON”  in 
red  letters. 

This  section  shall  not  apply  to  any  preparation  containing  one- 
tenth  of  a grain  or  less  of  bichloride  of  mercury.  (S.  C.  Sec.  67a.) 

§ 126.  Habit  forming  drugs;  sale  and  distribution  regulated. — No 
opium,  morphine,  chloral,  or  cannabis  indica,  or  any  other  substance 
giving  a physiological  reaction  similar  to  that  of  opium;  or  any  salts, 
alkaloids,  or  derivatives,  of  any  of  the  said  drugs  or  substances;  or 
any  preparation,  compound,  or  mixture,  containing  any  of  the  said 
drugs  or  substances  or  their  salts,  alkaloids,  or  derivatives;  shall  be 
sold  at  retail  or  given  away  in  the  City  of  New  York  except  upon 
the  written  prescription  of  a duly  licensed  physician,  veterinarian, 
or  dentist. 

The  foregoing  provisions  shall  not,  however,  apply  to  prepara- 
tions, compounds,  or  mixtures,  containing  any  of  the  aforesaid 
drugs  or  substances  or  their  salts,  alkaloids,  or  derivatives,  prepared 
for  external  use  only,  in  the  form  of  liniments,  ointments,  oleates, 
or  plasters.  (S.  C.  Sec.  182.) 

ARTICLE  9 

FOOD  AND  DRINK 

Sec.  136.  Inspection  of  foods  authorized. 

§ 137.  Condemnation  and  destruction  of  animals  and  foods  au- 
thorized. 


392 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 138.  Possession  of  food  by  dealer  in  food,  pr-ima  facie,  deemed 
to  be  held  for  sale  as  human  food. 

§ 139.  Food;  sale  of  adulterated  or  misbranded  prohibited;  the 
terms  “food,^^  “adulterated,’’  and  “misbranded”  defined. 

§ 140.  Food  and  drink;  not  to  be  sold  under  a false  name  or  qual- 
ity. 

§ 141.  Poisonous,  deleterious,  and  unwholesome  substances;  use 
as  food  prohibited. 

§ 142.  Food;  to  be  protected  from  dust,  dirt,  flies,  or  other  con- 
tamination. 

§ 143.  Eating  and  drinking  utensils;  use  in  common  prohibited; 
the  term  “public  place”  and  “factory”  defined. 

§ 144.  Cooking,  eating,  and  drinking  utensils  to  be  properly 
cleansed  after  being  used. 

§ 145.  Beverages  and  drinks;  the  use  of  taps,  faucets,  tanks, 
fountains,  and  vessels  regulated. 

§ 146.  Employment  of  persons  affected  with  infectious  or  venereal 
disease  prohibited. 

§ 147.  Room,  factory,  stall,  place,  and  appurtenances  to  be  kept 
in  a cleanly  and  wholesome  condition;  food  and  drink 
to  be  clean  and  wholesome,  and  not  poisoned,  infected, 
or  rendered  unsafe;  personal  responsibility  of  owner, 
occupant,  custodian,  principal,  agent,  or  person  in 
charge. 

§ 148.  Manufacture  and  storage  of  food  and  drink  regulated. 

§ 149.  Preparation,  service,  and  sale  of  food  and  drink  in  kitchens, 
serving-rooms,  or  dining-rooms  regulated. 

§ 150.  The  care  and  sale  of  food  and  drink  in  stores  regulated. 

§ 151.  Unwholesome,  unclean,  watered,  or  adulterated  milk  and 
cream,  and  butter  or  cheese  made  therefrom;  possession 
and  sale  prohibited. 

§ 152.  Adulterated  milk  and  cream;  distribution  prohibited; 
term  “adulterated”  defined. 

§ 153.  Adulterated  milk  and  cream;  seizure  and  destruction  au- 
thorized. 

§ 154.  Condensed,  and  condensed  skimmed,  milk;  possession  and 
sale  regulated;  the  term  “adulterated”  defined. 

§ 155.  Milk,  cream,  condensed,  or  concentrated  milk,  condensed 
skimmed  milk,  and  modified  milk;  sale  regulated;  term 
“modified  milk”  defined;  exception. 

§ 156.  Milk  and  cream;  grades  and  designations. 

§ 157.  Milk  and  cream;  must  conform  to  grade  standards. 

§ 158.  Buttermilk,  sour  milk,  sour  cream,  and  other  milk  prod- 
ucts; quality  of  product  regulated. 

§159.  Bottles,  cans,  and  other  receptacles  for  holding  milk  and 
cream;  use  regulated  and  restricted. 

§ 160.  Calves,  pigs,  lambs,  fish,  birds,  and  fowl;  sale  regulated. 

§161.  Cattle;  not  to  be  killed  while  in  an  overheated  or  feverish 
condition. 

§ 162.  Meat  and  dead  animals;  sale  regulated. 

§ 163.  Unhealthy,  unsound,  unwholesome,  and  unsafe  ineat, 
vegetables  and  milk;  possession  and  sale  prohibited; 
terms  “meat,”  “vegetables,”  and  “not  sound”  defined. 


THE  SANITARY  CODE 


393 


§ 164.  Oysters;  sale  regulated. 

§ 165.  Artificial  or  natural  mineral,  spring,  or  other  water;  manu- 
facture regulated. 

§ 166.  Public  water  supply;  purity  and  wholesomeness  protected. 

§ 167.  Water;  duties  of  persons  in  authority. 

§ 168.  Water  from  wells;  the  use  thereof  regulated  and  restricted. 

§ 169.  Drinking  hydrants;  water  therefrom  not  to  be  rendered 
unwholesome. 

Sec.  136.  Inspection  of  foods  authorized, — Dealers  in  food  and  all 
other  substances  used  or  intended  to  be  used  for  human  consumption, 
and  their  agents,  and  all  persons  engaged  in  the  transportation 
thereof,  shall  allow  any  duly  authorized  representative  of  the  De- 
partment of  Health  to  freely  and  fully  inspect  the  cattle,  meat,  fish, 
vegetables,  milk,  and  other  food,  as  well  as  all  other  substances  used 
or  intended  to  be  used  for  human  consumption,  held  or  kept  by 
them,  or  intended  for  sale.  (S.  C.  Sec.  60.) 

§ 137.  Condemnation  and  destruction  of  animals  and  foods  au- 
thorized.— Upon  any  cattle,  sheep,  swine,  or  other  animals,  fowl  or 
other  birds,  meat,  fish,  vegetables,  or  milk,  or  other  food  or  drink 
being  found  by  any  inspector  or  other  duly  authorized  representative 
of  the  Department  of  Health  in  a condition  which  renders  it  or  them, 
in  his  opinion,  unfit  for  use  as  human  food,  or  in  a condition  or  of 
a weight  or  quality  forbidden  by  provisions  of  the  Sanitary  Code, 
such  inspector  or  other  duly  authorized  representative  of  the  said 
Department  is  hereby  empowered,  and  directed  to  immediately 
condemn  and,  when  possible,  denature  the  same  and  cause  it  or 
them  to  be  destroyed  or  removed  to  the  offal  or  garbage  dock  for 
destruction,  and  report  his  action  to  the  said  Department  without 
delay. 

And  the  owner  or  person  in  charge  thereof,  when  so  directed  by  an 
inspector  or  other  duly  authorized  representative  of  the  said  Depart- 
ment or  by  an  order  of  the  Sanitary  Superintendent,  an  Assistant 
Sanitary  Superintendent,  or  the  Director  of  the  Bureau  of  Food 
Inspection  of  the  said  Department  shall  remove  or  cause  the  same  to 
be  removed  to  the  place  designated  by  such  inspector  or  other  duly 
authorized  representative  or  by  the  order  of  said  Sanitary  Superin- 
tendent or  such  Assistant  Sanitary  Superintendent  or  the  Director 
of  the  Bureau  of  Food  Inspection,  and  shall  not  sell,  offer  to  sell,  or 
dispose  of  the  same  for  human  food.  And  when,  in  the  opinion  of  the 
Sanitary  Superintendent  or  an  Assistant  Sanitary  Superintendent,  or 
the  Director  of  the  Bureau  of  Food  Inspection,  any  such  meat,  fish, 
milk,  vegetables,  or  other  food  or  drink  shall  be  unfit  for  human 
food,  or  any  such  cattle,  sheep,  swine,  or  other  animals,  or  fowls  or 
other  birds,  by  reason  of  disease,  or  exposure  to  contagious  disease, 
shall  be  unfit  for  human  food,  and  in  an  unfit  condition  to  remain 
near  other  animals  or  to  be  kept  alive,  the  Board  of  Health  may 
direct  the  same  to  be  destroyed,  in  such  manner  as  the  said  Board 
shall  designate.  (S.  C.  Sec.  58.) 

§ 138.  Possession  of  food  hy  dealer  in  food,  prima  facie,  deemed  to  he 
held  for  sale  as  human  food. — Food  in  the  possession  of,  or  held,  kept, 
or  offered  for  sale  by,  a dealer  in  food  shall,  prima  facie,  be  deemed 
to  be  held,  kept,  and  offered  for  sale  as  human  food. 


394  CODE  OF  OHDINANCES  OF  THE  CITY  OF  NEW  YORK 

§ 139.  Food;  sale  of  adulterated  or  misbranded  prohibited;  the  terms 
*‘foodf^  adulterated and  misbranded' ’ defined, — No  person  shall 
have,  sell,  or  offer  for  sale  in  the  City  of  New  York  any  food  which 
is  adulterated  or  misbranded.  The  term  food  as  herein  used  shall 
include  every  article  of  food  and  every  beverage  used  by  man  and 
all  confectionery. 

Food  as  herein  defined  shall  be  deemed  adulterated: 

(1)  If  any  substance  or  substances  has  or  have  been  mixed  and 
packed  with  it  so  as  to  reduce  or  lower  or  injuriously  affect  its  quality 
or  strength. 

(2)  If  any  inferior  or  cheaper  substance  has  been  substituted 
wholly  or  in  part  for  the  article. 

(3)  If  any  valuable  constituent  of  the  article  has  been  wholly  or 
in  part  abstracted. 

(4)  If  it  consists  wholly  or  in  part  of  diseased  or  decomposed  or 
putrid  or  rotten  animal  or  vegetable  substance,  or  any  portion  of 
any  animal  unfit  for  food,  or  if  it  is  a product  of  a diseased  animal, 
or  one  that  has  died  otherwise  than  by  slaughter. 

(5)  If  it  is  colored  or  coated  or  polished  or  powdered,  whereby 
damage  is  concealed  or  it  is  made  to  appear  better  than  it  really  is. 

(6)  If  it  contains  any  added  poisonous  ingredient,  or  any  ingredi- 
ent which  may  render  it  injurious  to  health;  or  if  it  contains  any 
antiseptic  or  preservative  not  evident  and  not  known  to  the  pur- 
chaser or  consumer. 

(7)  If,  in  the  case  of  confectionery,  it  contains  terra  alba,  barytes, 
talc,  chrome  yellow,  or  other  mineral  substance  or  poisonous  color 
or  flavor,  or  other  ingredient  deleterious  or  detrimental  to  health; 
or  any  vinous,  malt,  or  spirituous  liquor  or  compound,  or  narcotic 
drug. 

(8)  If,  in  the  case  of  spirituous,  fermented,  and  malt  liquors,  it 
contains  any  substance  or  ingredient  which  is  not  normally  present 
in  such  liquors,  or  which  may  be  deleterious  or  detrimental  to  health 
when  such  liquors  are  used  as  beverages. 

Food  shall  be  deemed  misbranded: 

(a)  If  it  is  an  imitation  or  offered  for  sale  under  the  distinctive 
name  of  another  article. 

(b)  If  it  is  labeled  or  branded  so  as  to  deceive  or  mislead  the  pur- 
chaser, or  purport  to  be  a foreign  product  when  not  so ; or  if  the  con- 
tents of  the  package  as  originally  put  up  shall  have  been  removed  in 
whole  or  in  part  and  other  contents  shall  have  been  placed  in  such 
package;  or  if  it  fails  to  bear  a statement  on  the  label  of  the  quan- 
tity or  proportion  of  any  morphine,  opium,  cocaine,  heroin,  alpha 
or  beta  eucaine,  chloroform,  cannabis  indica,  chloral  hydrate,  or 
acetanilid,  or  any  derivative  or  preparation  of  any  such  substances, 
contained  therein. 

(c)  If  in  package  form  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  such  weight  or  measure  is  not  plainly  and  cor- 
rectly stated  on  the  outside  of  the  package. 

(d)  If  the  package  or  its  label  shall  bear  any  statement,  design, 
or  device,  regarding  the  ingredients  or  the  substances  contained 
therein,  which  statement,  design,  or  device  shall  be  false  or  mis- 
leading in  any  particular. 

Provided,  that  an  article  of  food  which  does  not  contain  any  added 


THE  SANITAKY  CODE 


395 


poisonous  or  deleterious  ingredient  shall  not  be  deemed  to  be  adul- 
terated or  misbranded  in  the  following  cases: 

First.  In  the  case  of  mixtures  or  compounds  which  may  be  now 
or  from  time  to  time  hereafter  known  as  articles  of  food,  under  their 
own  distinctive  names,  and  not  an  imitation  of  or  offered  for  sale 
under  the  distinctive  name  of  another  article,  if  the  name  be  accom- 
panied on  the  same  label  or  brand  with  a statement  of  the  place  where 
said  article  has  been  manufactured  or  produced. 

Second.  In  the  case  of  articles  labeled,  branded,  or  tagged,  so  as 
to  plainly  indicate  that  they  are  compounds,  imitations,  or  blends, 
the  word  “compound,’^  “imitation,^’  or  blend,’’  as  the  case  may 
be,  being  plainly  stated  on  the  package  in  which  it  is  offered  for  sale; 
provided,  that  the  term  “blend,”  as  herein  used,  shall  be  construed 
to  mean  a mixtiu*e  of  like  substances,  not  excluding  harmless  color- 
ing or  flavoring  ingredients  used  for  the  purpose  of  coloring  and 
flavoring  only. 

And  provided  further,  that  nothing  in  this  section  shall  be  con- 
strued as  requiring  or  compelling  proprietors  or  manufacturers  of 
proprietary  foods  which  contain  no  unwholesome  added  in^edient 
to  disclose  their  trade  formulas,  except  in  so  far  as  the  provisions  of 
this  section  may  require  to  secure  freedom  from  adulteration  or  mis- 
branding. (C.  S.  Sec.  68.) 

§ 140.  Food  and  drink;  not  to  he  sold  under  a false  name  or  quality. — 
No  meat,  fish,  fruit,  vegetables,  eggs,  milk,  or  other  food  or  drink 
shall  be  sold,  held,  or  offered  for  sale,  under  a false  name  or  quality, 
nor  shall  any  food  or  drink  which  is  not  wholesome,  sound,  and  safe 
for  human  consumption,  be  represented  as  being  wholesome,  sound, 
or  safe  for  human  consumption.  (S.  C.  Sec.  48.) 

§ 141.  Poisonous,  deleterious,  and  unwholesome  substances;  use  as 
food  prohibited. — No  person,  being  the  owner,  lessee,  manager,  or 
in  charge  of  any  place  in  which  food  or  drink  is  produced,  manu- 
factured, prepared,  packed,  stored,  distributed,  offered  for  sale,  or 
sold  shall,  therein  or  thereat,  offer  or  have,  for  food  or  drink,  or  to  be 
eaten  or  drunk,  any  poisonous,  deleterious,  or  unwholesome  sub- 
stance, or  allow  anything  to  be  done  or  to  occur,  therein  or  thereat, 
dangerous  to  life  or  prejudicial  to  health.  (S.  C.  Sec.  47.) 

§ 142.  Food;  to  be  protected  from  dust,  dirt,  flies,  or  other  contamina- 
tion.— No  food  intended  for  human  consumption  shall  be  kept,  sold, 
offered  for  sale,  displayed,  or  transported,  unless  protected  from 
dust,  dirt,  flies,  and  other  contamination;  nor  shall  any  food  in- 
tended for  human  consumption  be  deposited  or  allowed  to  remain 
within  a distance  2 feet  above  the  surface  of  any  sidewalk,  street, 
alley,  or  other  public  place,  or  the  floor  of  any  building  where  ex- 
exhibited,  unless  the  same  shall  be  contained  in  boxes  or  other  re- 
ceptacles, so  as  to  be  protected  from  dogs  and  other  animals  and 
their  excretions.  (S.  C.  Sec.  46.) 

§ 143.  Eating  and  drinking  utensils;  use  in  common  prohibited; 
the  term  public  place’’  and  ‘^factory”  defined. — The  use  of  common 
eating  or  drinking  utensils  in  any  public  place,  park,  street  or  avenue, 
public  institution,  lodging-house,  hotel,  theatre,  factory,  school, 
public  hall,  railroad  car,  ferry  boat,  railway  station,  or  ferry  house, 
or  the  furnishing  of  any  such  common  eating  or  drinking  utensils  for 
use  in  any  such  place  is  hereby  prohibited. 


396  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

The  term  “public  place’’  as  used  herein  shall  be  construed  to  in- 
clude: 

(a)  Any  place  where  goods,  wares,  or  merchandise  are  sold  or 
offered  for  sale; 

(b)  Any  department,  bureau,  building,  or  office,  of  a municipal 
corporation. 

The  term  “factory”  as  used  herein  shall  be  construed  to  include 
any  workshop  or  manufacturing  or  business  establishment  where 
persons  are  employed  at  labor.  (S.  C.  Sec.  189.) 

§ 144.  Cooking^  eating^  and  drinking  utensils  to  be  'property  cleansed 
after  being  used. — All  utensils  used  in  the  preparation,  service,  and 
sale  of  any  food  or  drink  intended  for  human  consumption  shall  be 
properly  cleansed  after  being  used,  and  no  such  utensil  shall,  under 
any  circumstances,  be  used  a second  time  unless  it  shall  have  been, 
after  the  previous  use  thereof,  so  cleansed.  In  such  cleansing  the 
use  of  water  which  has  become  insanitary  by  previous  use  is  pro- 
hibited. (S.  C.  Sec.  49b.) 

§ 145.  Beverages  and  drinks;  the  use  of  taps,  faucets,  tanks,  foun- 
tains, and  vessels  regulated. — In  the  manufacture,  sale,  or  keeping 
for  sale,  of  any  beverage  or  drink,  no  person  shall  keep  or  use  any 
tap,  faucet,  tank,  fountain,  or  vessel,  or  any  pipe  or  conduit,  in  con- 
nection therewith,  which  shall  be  composed  or  made,  either  wholly 
or  in  part,  of  lead,  or  other  metal  or  metallic  substances  that  are  or 
will  be  affected  by  liquids  so  that  dangerous,  unwholesome,  or  dele- 
terious compounds  are  formed  therein  or  thereby,  or  such  that  beer, 
soda  water,  syrups,  or  other  liquids,  or  any  beverage,  drink,  or  flavor- 
ing material  drawn  therefrom  shall  be  unwholesome,  dangerous,  or 
detrimental  to  health.  (S.  C.  Sec.  51.) 

§ 146.  Em,ployment  of  persons  affected  with  infectious  or  venereal 
disease  prohibited. — No  person  who  is  affected  with  any  infectious 
disease,  or  with  any  venereal  disease  in  a communicable  form  shall 
work  or  be  permitted  to  work  in  any  place  where  food  or  drink  is 
prepared,  cooked,  mixed,  baked,  exposed,  bottled,  packed,  handled, 
stored,  manufactured,  offered  for  sale,  or  sold.  Whenever  required 
by  the  Sanitary  Superintendent  or  Director  of  the  Bureau  of  Food 
Inspection,  of  the  Department  of  Health,  any  person  employed  in 
any  such  place  shall  submit  to  a physical  examination  by  a medical 
inspector  of  said  Department.  No  person  who  refuses  to  submit  to 
such  examination  shall  work  or  be  permitted  to  work  in  any  such 
place. 

§ 147.  Room,  factory,  stall,  place,  and  appurtenances  to  be  kept  in 
a cleanly  and  wholesome  condition;  food  and  drink  to  be  clean  and  whole- 
some, and  not  poisoned,  infected,  or  rendered  unsafe;  personal  responsi- 
bility of  owner,  occupant,  custodian,  principal,  agent,  or  person  in 
charge. — Every  person  being  the  owner,  lessee,  occupant,  or  in  charge 
of  any  room,  stall,  factory,  premises,  or  place,  where  any  food  or 
drink  intended  for  human  consumption  shall  be  manufactured,  pre- 
pared, stored,  kept,  held,  or  offered  for  sale,  shall  put  and  keep  such 
room,  stall,  factory,  premises,  and  place,  and  its  appurtenances,  in  a 
cleanly  and  wholesome  condition,  and  every  person  having  charge, 
or  interested  or  engaged,  whether  as  principal  or  agent,  in  the  care 
of  or  in  respect  to  the  custody  or  sale  of  any  food  or  drink  intended 
for  human  consumption,  shall  put  and  preserve  the  same  in  a cleanly 


THE  SANITARY  CODE 


397 


and  wholesome  condition,  and  shall  not  allow  the  same,  or  any  part 
thereof,  to  be  poisoned,  infected,  or  rendered  unsafe  or  unwholesome 
for  human  food  or  drink.  (S.  C.  Sec.  49.) 

§ 148.  Manufacture  and  storage  of  food  and  drink  regulated. — No 
building,  room,  or  place,  where  food  or  drink  is  prepared,  cooked, 
mixed,  baked,  exposed,  bottled,  packed,  handled,  stored,  or  manu- 
factured, shall  be  conducted,  operated,  maintained,  or  used  other- 
wise than  in  accordance  with  the  Regulations  of  the  Board  of 
Health. 

§ 149.  Preparation,  service,  and  sale  of  food  and  drink  in  kitchens, 
serving-rooms,  or  dining-rooms  regulated. — No  kitchen,  serving-room, 
or  dining-room,  of  any  hotel,  boarding-house,  restaurant,  cafe,  lunch- 
room, saloon,  grill-room,  buffet,  or  other  public  place  where  food  or 
drink  is  cooked,  prepared,  served,  dispensed,  offered  for  sale,  or  sold, 
shall  be  conducted,  operated,  or  maintained  otherwise  than  in  ac5- 
cordance  with  the  Regulations  of  the  Board  of  Health. 

§ 150.  The  care  and  sale  of  food  and  drink  in  stores  regulated. — No 
grocery  store,  butcher  store,  delicatessen  store,  confectionery  store, 
bakery  store,  milk  store,  butter  and  egg  store,  fruit  and  vegetable 
store,  fish  store,  or  other  place  where  food  or  drink  is  handled,  stored, 
offered  for  sale,  or  sold,  shall  be  conducted  or  maintained  otherwise 
than  in  accordance  with  the  Regulations  of  the  Board  of  Health. 

§ 151.  Unwholesome,  unclean,  watered,  or  adulterated  milk  and 
cream,  and  butter  or  cheese  made  therefrom;  possession  and  sale  pro- 
hibited.— No  person  shall  have  at  any  place  where  milk,  cream,  but- 
ter, or  cheese  is  kept  for  sale,  or  at  any  place  sell,  deliver,  offer  or  have 
for  sale,  or  keep  for  use,  nor  shall  any  person  bring  or  send  to  the 
City  of  New  York,  any  milk  which  is  unwholesome,  unclean,  watered, 
or  adulterated,  or  milk  known  as  “swill  milk,^^  or  milk  from  cows  or 
other  animals  that  have  been  fed  in  whole  or  in  part  on  swill,  dis- 
tillery waste,  or  any  substance  in  a state  of  putrefaction  or  in  any 
way  unwholesome,  or  milk  from  sick  or  diseased  cows  or  other  ani- 
mals, or  any  cream,  butter,  or  cheese  made  from  any  such  milk,  or 
any  unwholesome  cream,  butter,  or  cheese.  (S.  C.  Sec.  52.) 

§ 152.  Adulterated  milk  and  cream;  distribution  prohibited;  term 

adulterated^^  defined. — No  milk  which  is  adulterated,  reduced,  or 
changed' in  any  respect  by  the, addition  of  water  or  other  substance, 
or  by  the  removal  of  cream,  shall  be  brought  into  the  City  of  New 
York,  or  held,  kept,  sold,  or  offered  for  sale,  at  any  place  in  said 
city;  nor  shall  any  person  or  corporation  keep,  have,  sell,  or  offer  for 
sale  in  the  said  city  any  such  milk. 

No  cream  which  is  adulterated  shall  be  brought  into  the  City  of 
New  York,  or  held,  kept,  sold,  or  offered  for  sale  in  said  city,  nor 
shall  any  person  or  corporation  keep,  have,  sell,  or  offer  for  sale  in 
said  city  any  such  cream.  The  term  “ cream shall  be  taken  to 
mean  that  portion  of  milk  represented  in  milk  fat  which  rises  to  the 
surface  of  milk  on  standing  or  is  separated  from  it  by  centrifugal 
force. 

The  term  “adulterated^^  shall  be  taken  to  mean  and  include: 

First.  Milk  containing  more  than  eighty-eight  and  one-half  per 
centum  of  water  or  fluids. 

Second.  Milk  containing  less  than  eleven  and  one-half  per  centum 
of  milk  solids. 


398 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Third.  Milk  containing  less  than  eight  and  one-half  per  centum  of 
solids  not  fat. 

Fourth.  Milk  from  which  any  part  of  the  cream  has  been  removed. 

Fifth.  Milk  containing  less  than  three  per  centum  of  fats. 

Sixth.  Cream  which  contains  less  than  eighteen  per  centum  of  but- 
ter fat. 

Seventh.  Milk,  or  cream  from  milk,  which  has  been  drawn  from 
animals  within  fifteen  days  before  or  five  days  after  parturition. 

Eighth.  Milk,  or  cream  from  milk,  which  has  been  drawn  from 
animals  fed  on  distillery  waste,  or  any  substance  in  a state  of  putre- 
faction, or  on  any  unwholesome  food. 

Ninth.  Milk,  or  cream  from  milk,  which  has  been  drawn  from 
cows  kept  in  a crowded  or  unhealthy  condition. 

Tenth.  Milk  or  cream  which  has  been  diluted  with  water  or  any 
other  fluid,  or  to  which  has  been  added,  or  into  which  has  been  intro- 
duced, any  foreign  substance  whatever. 

Eleventh.  Milk  or  cream,  the  temperature  of  which  is  higher  than 
50  degrees  Fahrenheit,  or  which  contains  an  excessive  number  of 
bacteria.  This  requirement  includes  Grade  C Milk’^  that  has  been 
pasteurized. 

Twelfth.  Milk  or  cream  which  is  produced  in  violation  of  the  Regu- 
lations of  the  Board  of  Health. 

The  provisions  of  this  section  shall  not  be  applicable,  however,  to 
modified  milk,  held  or  offered  for  sale  under  permit  therefor  issued 
by  the  Board  of  Health.  The  provisions  of  this  section  shall,  how- 
ever, apply  to  cream  sold  under  any  foreign  name  meaning  cream, 
such  as  smeteiiy,  crema,  and  rahm,  and  to  all  cream  products  ana 
preparations  such  as  homogenized  products  and  milk  curds.  The 
provisions  concerning  temperature  and  bacterial  content  shall  not 
apply  to  sour  cream.  (S.  C.  Sec.  53.) 

Ordinances  to  prevent  sale  of  adulterated  milk  are  within  power  of  the  Depart- 
ment of  Health.  Polinsky  v.  People,  73  N.  Y.  65. 

§ 153.  Adulterated  milk  and  cream;  seizure  and  destruction  au- 
thorized.— Any  milk  or  cream  found  to  be  adulterated,  which  has 
been  brought  into  the  City  of  New  York  or  is  held  or  offered  for  sale 
in  said  city  may  be  seized  and  destroyed  by  any  inspector  or  other 
officer  of  the  Department  of  Health  authorized  to  inspect  the  said 
milk  or  cream.  (S.  C.  Sec.  54.) 

Mere  possession  of  adulterated  milk  is  not  an  offense,  where  the  ordinance  pro- 
vided no  adulterated  milk  “shall  be  brought  into,  held,  kept  or  offered  for  sale  at 
any  place  in  the  city.”  There  the  sale  was  the  gravamen  of  the  offence.  People  v. 
Timmerman,  79  App.  Div.  565. 

§ 154.  Condensed y arid  condensed  shimnml,  milk;  possession  and 
sale  regulated;  the  term  adulterated’^  defined. — No  condensed  milk 
made  from  milk  produced  and  handled  under  conditions  not  conform- 
ing at  least  to  the  requirements  of  those  designated  for  Grade  C,  or 
which  is  adulterated,  shall  be  brought  into  the  City  of  New  York 
or  held,  kept,  sold,  or  offered  for  sale,  at  any  place  in  said  city,  nor 
shall  any  person  or  corporation  have,  keep,  sell,  or  offer  for  sale  in 
said  city  any  such  condensed  milk.  The  term  adulterated,^^  when 
used  in  this  section,  refers  to  condensed  milk  in  which  the  amount 
of  fat  is  less  than  twenty-five  per  centum  of  the  milk  solids  contained 
therein,  or  to  which  any  foreign  substance  whatever  has  been  added. 


THE  SANITARY  CODE 


.'399 


excepting  sugars,  as  in  preserved  milks.  The  provisions  of  this  sec- 
tion shall  not  he  applicable,  as  regards  the  amount  of  fat,  to  con- 
densed skimmed  milk  held  or  offered  for  sale  under  a permit  therefor 
issued  by  the  Board  of  Health.  (S.  C.  Sec.  55.) 

§ 155.  Milk^  cream ^ condensed,  or  concentrated  milk,  condensed 
skimmed  milk,  and  modified  milk;  sale  regulated;  term  modified 
milk^^  defined;  exception. — No  milk  or  cream,  condensed  or  concen- 
trated milk,  condensed  skimmed  milk,  or  modified  milk,  shall  be 
held,  kept,  offered  for  sale,  sold,  or  delivered  in  the  City  of  New  York 
without  a permit  therefor  issued  by  the  Board  of  Health  or  otherwise 
than  in  accordance  with  the  terms  of  said  permit  and  with  the  Regula- 
tions of  said  Board. 

By  the  term  “modified  milk^’  is  meant  milk  of  any  subdivision  of 
the  classification  known  as  “Grade  A;  for  Infants  and  Children,’^ 
which  has  been  changed  by  the  addition  of  water,  sugar  of  milk,  or 
other  substance  intended  to  render  the  milk  suitable  for  infant 
feeding. 

The  provisions  of  this  section  shall  not  apply  to  milk  or  cream,  sold 
in  hotels  and  restaurants,  nor  to  condensed  milk  or  condensed 
skimmed  milk,  when  contained  in  hermetically  sealed  cans.  (S.  C. 
Sec.  56.) 

Held  valid  in  People  ex  rel.  Lieberman  v.  Vandecarr,  81  App.  Div.  128.  Test 
of  validity  of  the  ordinance  is  its  reasonableness,  citing  cases.  Afif’d  175  N.  Y.  440, 
199  U.  S.  552. 

May  revoke  licenses.  Met.  Milk  and  Cream  Co.  v.  City  of  N.  Y.,  113  App. 
Div.  377,  aff’d  186  N.  Y.  533. 

Ordinance  forbidding  milk  to  be  sold  from  vehicle  in  street  without  a license 
sustained.  People  ex  rel.  Larrabee  v.  Mulholland,  82  N.  Y.  324. 

Members  of  Board  of  Health  are  administrative  officers  and  not  judicial  and  may 
revoke  permit  without  notice  and  a hearing.  People  ex  rel.  Lodes  v.  Dept,  of  Health, 
189  N.  Y.  187. 

Power  to  prescribe  conditions  on  which  milk  admitted  to  sale  in  N.  Y.  City, 
valid.  Does  not  infringe  on  powers  of  other  localities.  Bellows  v.  Raynor,  207 
N.  Y.  389,  affirming  145  App.  Div.  899. 

§ 156.  Milk  and  cream;  grades  and  designations. — All  milk  or  cream 
held,  kept,  offered  for  sale,  sold,  or  delivered  in  the  City  of  New 
York  shall  be  so  held,  kept,  offered  for  sale,  sold,  or  delivered  in  ac- 
cordance with  the  Regulations  of  the  Board  of  Health  and  under  any 
of  the  following  grades  or  designations  and  not  otherwise : 

“Grade  A:  For  Infants  and  Children 

1.  Milk  or  cream  (raw). 

2.  Milk  or  cream  (pasteurized). 

‘‘Grade  B:  For  Adults 

1.  Milk  or  cream  (pasteurized). 

“Grade  C:  For  Cooking  and  Manufacturing  Purposes  Only”: 

1.  Milk  or  cream  not  conforming  to  the  requirements  of 

any  of  the  subdivisions  of  Grade  A or  Grade  B,  and 
which  has  been  pasteurized  according  to  the  Regula- 
tions of  the  Board  of  Health  or  boiled  for  at  least 
two  (2)  minutes. 

2.  Condensed  skimmed  milk. 

3.  Condensed  or  concentrated  milk. 

The  provisions  of  this  section  shall  apply  to  milk  or  cream  used 
for  the  purpose  of  producing  or  used  in  preparation  of  sour  milk, 
buttermilk,  homogenized  milk,  milk  curds,  sour  cream,  Smeteny, 


400 


CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 


Kumyss,  Matzoon,  Zoolak,  and  other  similar  products  or  prepara- 
tions, provided  that  any  such  product  or  preparation  be  held,  kept, 
offered  for  sale,  sold,  or  delivered  in  the  City  of  New  York.  (S.  C. 
Sec.  56a.) 

The  pasteurization  of  milk  required  by  order  of  Oct.  28,  1913,  does  not  authorize 
a defendant  committing  a public  nuisance  in  violation  of  § 1530,  Penal  Law.  People 
V.  Borden’s  Condensed  Milk  Co.,  Special  Sessions,  Kings  Co.,  N.  Y.  Law  Journal, 
June  15,  1914. 

§ 157.  Milk  and  cream;  must  conform  to  grade  standards— AW  milk 
or  cream  held,  kept,  offered  for  sale,  sold,  or  delivered  in  the  City  of 
New  York  shall  conform  in  character  to  the  standards  and  require- 
ments set  forth  in  Section  156  of  this  Code  as  applicable  to  the  par- 
ticular grade  under  which  such  milk  or  cream  shall  be  held,  kept, 
offered  for  sale,  sold,  or  delivered. 

§ 158.  Buttermilk f sour  milky  sour  creamy  and  other  milk  products; 
quality  of  product  regulated. — Buttermilk,  sour  milk,  sour  cream, 
Kumyss,  Matzoon,  Zoolak,  and  similar  products  shall  not  be  made 
from  any  milk  or  cream  of  a less  grade  than  that  designated  for 
Grade  B and  shall  be  pasteurized  before  being  put  through  a process 
of  souring  or  fermentation.  Sour  cream  shall  not  contain  a less  per- 
centage of  fat  than  that  designated  for  cream.  (S.  C.  Sec.  57.) 

§ 159.  Bottles.  canSy  and  other  receptacles  for  holding  milk  and  cream; 
use  regulated  arid  restricted. — It  shall  be  the  duty  of  all  persons  hav- 
ing in  their  possession  bottles,  cans,  or  other  receptacles  containing 
milk  or  cream,  which  are  used  in  the  transportation  or  delivery  of 
milk  or  cream,  to  clean  or  cause  them  to  be  cleaned  immediately 
upon  emptying. 

No  person  shall  use  or  cause  or  allow  to  be  used  any  receptacle 
which  is  used  in  the  transportation  and  delivery  of  milk  or  cream 
for  any  purpose  whatsoever  other  than  the  holding  of  milk  or  cream; 
nor  shall  any  person  receive  or  have  in  his  possession  any  such  re- 
ceptacle which  has  not  been  washed  after  holding  milk  or  cream 
or  which  is  unclean  in  any  way.  (S.  C.  Sec.  183.) 

Sustained,  must  be  construed  benevolently  and  not  unreasonable  because  some 
judges  do  not  entirely  agree  with  it.  People  v.  Frudenberg,  209  N.  Y.  218. 

§ 160.  CalveSy  pigSy  lamhsy  fishy  hirdSy  and  fowl;  sale  regulated. — 
No  calf,  or  the  meat  thereof,  shall  be  brought  into  the  City  of  New 
York  or  held,  sold,  or  offered  for  sale  for  human  food,  which,  when 
killed,  was  less  than  four  weeks  old,  or  when  killed  and  dressed  weighs 
less  than  forty-five  (45)  pounds.  No  pig,  or  the  meat  thereof,  shall 
be  brought  into  the  City  of  New  York  or  held,  sold,  or  offered  for 
sale  for  human  food,  which,  when  killed,  was  less  than  five  weeks  old. 
No  lamb,  or  the  iDeat  thereof,  shall  be  brought  into  the  City  of  New 
York  or  held,  sold,  or  offered  for  sale  for  human  food,  which,  when 
killed,  was  less  than  eight  weeks  old.  Nor  shall  any  meagre,  sickly, 
or  unwholesome  fish,  birds,  or  fowl  be  brought  into  said  city  or  held, 
sold,  or  offered  for  sale  for  human  food  therein.  The  term  “dressed 
as  used  herein  refers  to  calves  from  which  the  head,  feet,  and  all  the 
viscera  except  the  liver,  lungs,  and  heart  have  been  removed,  the 
hide,  however,  remaining  on  the  carcass.  (S.  C.  Sec.  43.) 

§ 161.  Cattle;  not  to  he  killed  while  in  an  overheated,  or  feverish  con- 
dition.— No  cattle  shall  be  killed  for  human  food  while  in  an  over- 
heated, or  feverish  condition.  (S.  C.  Sec.  44.) 


THE  SANITARY  CODE 


401 


§ 162.  Meat  and  dead  anirnals;  sale  regulated. — No  meat  or  dead 
animal  above  the  size  of  a rabbit  shall  be  taken  to  any  public  or 
private  market,  nor  shall  any  such  meat  or  dead  animal  be  stored  or 
held,  kept,  offered  for  sale,  or  sold  in  any  such  place  until  the  same 
shall  have  been  fully  cooled  after  killing,  nor  until  the  entrails  and 
feet  (except  of  poultry  and  game  and  except  the  feet  of  swine)  shall 
have  been  removed.  (S.  C.  Sec.  45.) 

§ 163.  Unhealthy j unsound ^ unwholesome^  and  unsafe  meatj  vege- 
tables and  milk;  possession  and  sale  prohibited;  terms  ^^meat”  vege- 
tables and  ^‘not  sound’ ^ defined. — No  meat,  vegetables,  or  milk,  not 
being  then  healthy,  fresh,  sound,  wholesome,  or  safe  for  human  food 
or  the  meat  of  any  animal  that  died  by  disease  or  accident,  shall  be 
brought  into  the  City  of  New  York  or  held,  kept,  offered  for  sale, 
or  sold  as  such  food,  or  kept  or  stored,  anywhere  in  said  city.  The 
term  “meat,”  as  herein  used,  shall  include  fish,  birds,  eggs,  and  fowl; 
the  term  “vegetables”  shall  include  any  product,  substance,  or  arti- 
cle used  as  and  for  human  food  other  than  milk  or  meat;  the  term 
“not  sound”  shall  include  any  vegetable  that  is  wormy.  For  the 
purpose  of  this  section,  any  meat,  vegetables,  or  milk  in  possession 
of,  or  held,  kept,  or  offered  for  sale  by,  a dealer  in  food,  shall,  prima 
facie,  be  deemed  to  be  held,  kept,  and  offered  for  sale  as  human  food. 
(S.  C.  Sec.  42.) 

§ 164.  Oysters;  sale  regulated. — No  oysters  shall  be  brought  into, 
or  held,  kept,  or  offered  for  sale  anywhere  in,  the  City  of  New  York, 
without  a permit  therefor  issued  by  the  Board  of  Health  or  other- 
wise than  in  accordance  with  the  terms  of  said  permit  and  with  the 
Regulations  of  said  Board.  (S.  C.  Sec.  185.) 

§ 165.  Artificial  or  natural  mineral^  spring^  or  other  waters;  manu- 
facture regulated. — It  shall  be  the  duty  of  every  wholesale  dealer, 
manufacturer,  importer,  or  other  person  who  manufactures  or  im- 
ports, or  sells  at  wholesale  in  the  City  of  New  York,  any  artificial  or 
natural  mineral,  spring,  or  other  water,  for  drinking  purposes,  to 
file,  under  oath,  with  the  Department  of  Health,  the  name  of  such 
water  and  the  exact  location  from  which  it  is  obtained,  the  chemical 
analysis  and  the  bacteriological  examination  thereof,  and,  when 
manufactured,  the  name  of  every  substance  or  element  entering  into 
its  composition. 

No  person  shall  manufacture  or  bottle,  any  mineral,  carbonated, 
or  table  water,  in  the  City  of  New  York,  without  a permit  issued 
therefor  by  the  Board  of  Health  or  otherwise  than  in  accordance 
with  the  terms  of  said  permit  and  with  the  Regulations  of  said  Board. 
No  permit  will  be  required,  however,  where  the  City  Water  Supply 
is  conducted  through  closed  pipes  and  connected  with  a carbonated 
apparatus,  from  which  it  is  dispensed  direct  to  the  consumer,  with- 
out coming  in  contact  with  the  air,  and  not  handled  in  any  way. 
(S.  C.  Sec.  59.) 

§ 166.  Public  water  supply;  purity  and  wholesomeness  protected. — 
No  person  shall  throw  or  allow  to  run  or  pass  into  any  public  reser- 
voir, waterpipe,  or  aqueduct,  or  into  or  upon  any  border  or  margin 
thereof,  any  excavation  or  stream  therewith  connected,  any  animal, 
vegetable,  or  mineral  substance  whatever;  nor  shall  any  person  (hav- 
ing the  power  or  right  to  prevent  the  same)  do  or  permit  any  act  or 
thing  that  will  impair  or  imperil  the  purity  or  wholesomeness  of 
26 


402 


CODE  OF  OUD1NANCE8  OF  THE  CITY  OF  NEW  YORK 


any  water  or  other  fluid  used  or  intended  to  be  used  as  a drink,  in 
any  part  of  said  city;  nor  shall  any  person  bathe  or  (except  in  the  dis- 
charge of  a public  duty)  put  any  part  of  his  person  into  such  water, 
nor  shall  any  unauthorized  person  open  any  erection  or  unscrew  any 
hydrant  holding  such  water.  (S.  C.  Sec.  61.) 

§ 167.  Water;  duties  of  persons  m authority. — It  shall  be  the  duty 
of  every  person,  official,  department  and  board,  having  any  au- 
thority and  control  in  regard  to  any  water  intended  for  human  con- 
sumption (and  within  the  proper  sphere  of  the  duty  of  each  thereof), 
to  take  all  usual  and  also  all  reasonable  measures  and  precautions 
to  secure  and  preserve  the  puritv  and  wholesomeness  of  such  water. 
(S.  C.  Sec.  62.) 

§ 168.  Water  from  wells;  the  use  thereof  regulated  and  restricted. — 
Water  from  wells  in  the  Borough  of  Manhattan  shall  not  be  used, 
in  the  City  of  New  York,  for  drink;  nor  shall  water  from  wells  in  the 
Borough  of  Manhattan  be  used  for  any  other  purpose  in  any  tene- 
ment, lodging-house,  hotel,  manufactory,  or  building,  in  which  per- 
sons are  living  or  employed,  or  in  which  there  are  offices,  or  a res- 
taurant or  saloon,  in  the  City  of  New  York,  without  a permit  therefor 
issued  by  the  Board  of  Health  or  otherwise  than  in  accordance  with 
the  terms  of  said  permit  and  the  Regulations  of  the  said  Board. 
Water  from  wells  in  the  other  Boroughs  of  said  city,  other  than  the 
public  water  supply,  shall  not  be  used  in  any  tenement  or  lodging- 
house,  hotel,  manufactory,  or  building,  in  which  persons  are  living 
or  employed,  or  in  which  there  are  offices,  or  a restaurant  or  saloon, 
without  a permit  therefor  issued  by  the  Board  of  Health  or  other- 
wise than  in  accordance  with  the  terms  of  said  permit  and  the  Regu- 
lations of  the  said  Board.  (S.  C.  Sec.  63.) 

§ 169.  Drinking  hydrants;  water  therefrom  not  to  he  rendered  un- 
wholesome.— No  person  shall  destroy  or  in  anywise  injure  or  impair 
any  drinking  hydrant,  or  part  thereof,  in  the  City  of  New  York; 
nor  shall  any  person  interfere  with  the  use  or  enjoyment  of  the  water 
therein  or  therefrom,  or  interrupt  the  flow  thereof;  nor  shall  any 
person  put  any  dirty,  poisonous,  medicinal,  or  noxious  substance  into 
or  near  said  water  or  hydrant,  whereby  such  water  is  made  or  may 
be  regarded  as,  dangerous  or  unwholesome  as  a drink.  (S.  C.  Sec.  64.) 


ARTICLE  10 

GENERAL  PROVISIONS 


Sec.  181.  Misfeasance  and  nonfeasance. 

§ 182.  Contractors  must  comply  with  provisions  of  the  Sanitary 
Code. 

§ 183.  Nuisances;  conditions  dangerous  or  prejudicial  to  life  or 
health;  duties  of  persons  responsible.' 

§ 184.  Regulations  and  orders;  to  be  observed  and  obeyed. 

§ 185.  Abatement  of  nuisances. 

§ 186.  Interfering  with  or  obstructing  an  inspector. 

§ 187.  False,  untruthful,  or  misleading  statements. 

§ 188.  Affidavit  of  chemist;  presumptive  evidence  of  facts. 

§ 189.  Notices  not  to  be  mutilated  or  torn  down. 


THE  SANITARY  CODE 


4()3 


S('c.  181.  Misfeasance  and  nonfeasance. — No  person  shall,  know- 
ingly, or  carelessly  or  negligently,  do  or  contribute  to  the  doing  of, 
any  act  dangerous  to  the  life  or  detrimental  to  the  health,  of  any 
human  being,  provided,  however,  that  the  foregoing  provisions  of 
this  section  shall  not  apply  to  a necessary  act  authorized  by  law ; nor 
shall  any  person  omit  to  do  any  reasonable  and  proper  act,  or  to 
take  any  reasonable  or  proper  precaution,  to  protect  human  life 
and  health.  (S.  C.  Sec.  8.) 

§ 182.  Contractors  must  comply  with  provisions  of  the  Sanitary 
Code. — Every  contractor,  to  whom  reference  is  made  in  the  Sanitary 
Code,  and  every  person  who  shall  have  contracted  or  undertaken, 
or  shall  be  bound,  to  do,  or  shall  be  engaged  in  doing,  any  of  the 
things  to  which  any  of  the  provisions  of  the  Sanitary  Code  relate, 
shall  comply  with  all  provisions  of  the  said  Code  applying  to  the 
work  undertaken  or  to  be  undertaken,  and  he  shall  not  be  excused 
for  non-compliance  with  any  of  the  said  provisions  because  of  any 
direction  given  by  an}^  other  person.  (S.  C.  Sec.  9.) 

§ 183.  Nuisances;  conditions  dangerous  or  prejudicial  to  life  or 
health;  duties  of  persons  responsible. — It  is  hereby  declared  to  be  the 
duty  of  every  owner,  palt  owner,  lessee,  tenant,  and  occupant,  of, 
or  person  interested  in,  any  place,  water,  ground,  room,  stall,  apart- 
ment, building,  erection,  vessel,  vehicle,  matter,  and  thing,  in  the 
City  of  New  York,  and  of  every  person  conducting  or  interested  in 
business  therein  or  thereat,  and  of  every  person  who  has  undertaken 
to  clean  any  place,  ground,  or  street,  in  the  said  City,  and  of  every 
person,  public  officer,  and  department,  having  charge  of  any  ground, 
place,  building,  or  erection,  in  the  said  City,  to  keep,  place,  and  pre- 
serve the  same  and  the  sewerage,  drainage,  and  ventilation  thereof 
in  such  condition,  and  to  conduct  the  same  in  such  manner,  that  it 
shall  not  be  a nuisance  or  be  dangerous  or  prejudicial  to  life  or  health. 
The  term  ^‘building’’  as  used  in  this  section,  includes  a railway  car, 
booth,  tent,  shop  or  other  erection  or  enclosure.  (S.  C.  Sec.  10.) 

§ 184.  Regulations  and  orders;  to  he  observed  and  obeyed. — No 
person  shall  violate,  or  refuse  or  neglect  to  comply  with,  any  regu- 
lation or  order  of  the  Board  of  Health,  made  for  carrying  into  effect 
the  provisions  of  this  Code,  the  powers  of  the  said  Board,  or  the 
laws  of  this  State;  and  the  violation  of,  or  the  refusal  or  neglect  to 
comply  with,  any  such  regulation  or  order  which  relates  to  the  provi- 
sions of  any  section  of  this  Code  shall  be  deemed  a violation  of  such 
section.  (S.  C.  Sec.  11.) 

But  no  penalty  can  be  recovered  for  a disobedience  of  an  order  unless  one  is 
prescribed.  Health  Dept.  v.  Knoll,  70  N.  Y.  530. 

§ 185.  Abatement  of  nuisances. — Whenever  in  any  place  or  on  any 
premises  in  the  City  of  New  York  a nuisance  shall  have  been  found, 
or  declared  by  resolution  of  the  Board  of  Health  to  exist,  and  an 
order  shall  have  been  made  directing  the  owner,  lessee,  tenant,  or 
occupant  of  such  place  or  premises  to  make  suitable  and  necessary 
repairs  or  improvements,  or  to  abate  the  said  nuisance,  such  repairs 
or  improvements  shall  be  made,  and  such  nuisance  shall  be  fully 
abated,  within  the  time  specified  in  said  order.  (S.  C.  Sec.  14.) 

§ 186.  Interfering  with  or  obstructing  an  inspector. — No  person 
shall  interfere  with  or  obstruct  any  Inspector  or  other  duly  authorized 
representative  of  the  Department  of  Health  when  making  the  in- 


404 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


spections  or  examinations  required  by  the  Board  of  Health,  or  when 
executing  its  orders.  (S.  C.  Sec.  12.) 

§ 187.  FaUCy  untruthful,  or  misleading  statements. — No  person  shall 
make  any  false,  untruthful,  or  misleading  statement  in  any  applica- 
tion for  a permit  from  the  Board  of  Health.  (S.  C.  Sec.  15.) 

§ 188.  Affidavit  of  chemist;  presumptive  evidence  of  facts. — Every 
affidavit  duly  signed  and  acknowledged,  of  a chemist,  analyst,  or 
other  expert,  employed  by  the  Board  of  Health  of  the  Department 
of  Health  of  the  City  of  New  York,  relating  to  any  analysis,  ex- 
amination, or  investigation,  made  by  such  chemist,  analyst,  or 
expert  in  respect  to  any  matter,  product,  or  thing,  which  the  said 
Board  has  authority  to  examine  or  investigate,  or  may  cause  to  be 
examined  or  investigated,  shall  be  presumptive  evidence  of  the  facts 
therein  set  forth.  (S.  C.  Sec.  69a.) 

§ 189.  Notices  not  to  he  mutilated  or  torn  down. — No  person  shall 
interfere  with  or  obstruct,  mutilate,  or  tear  down,  any  notice  of  the 
Department  of  Health  posted  in  or  on  any  premises  in  the  City  of 
New  York.  (S.  C.  Sec.  137.) 

ARTICLE  11 

MIDWIFERY  AND  CARE  OF  CHILDREN 

Sec.  196.  Practice  of  midwifery  regulated. 

§ 197.  Board  and  care  of  children  regulated. 

§ 198.  Day  nurseries;  conduct  thereof  regulated. 

§ 199.  Vaccination;  duties  of  parents,  guardians,  and  others. 

§ 200.  Physical  care  of  school  children. 

Sec.  196.  Practice  of  midwifery  regulated. — No  person  other  than 
a duly  licensed  physician  shall  practice  midwifery  in  the  City  of 
New  York  without  a permit  therefor  issued  by  the  Board  of  Health 
or  otherwise  than  in  accordance  with  the  terms  of  said  permit  and 
with  the  Regulations  of  said  Board.  (S.  C.  Sec.  184.) 

§ 197.  Board,  and  care  of  children  regulated. — No  person  other  than 
a superintendent  of  the  poor,  a superintendent  of  almshouses,  or  an 
institution  duly  incorporated  for  the  purpose,  shall  receive,  board, 
or  keep,  except  under  legal  commitment,  any  nursing  child,  or  any 
child  under  the  age  of  twelve  years  who  is  not  a relative,  pupil,  or 
ward,  or  an  apprentice,  of  such  person,  without  a permit  therefor 
issued  by  the  Board  of  Health  or  otherwise  than  in  accordance  with 
the  terms  of  said  permit  and  with  the  Regulations  of  said  Board. 
(S.  C.  Sec.  191.) 

§ 198.  Day  nurseries;  conduct  thereof  regulated. — No  day  nursery 
shall  be  conducted  in  the  City  of  New  York  without  a permit  there- 
for issued  by  the  Board  of  Health  or  otherwise  than  in  accordance 
with  the  terms  of  said  permit  and  with  the  Regulations  of  said 
Board.  (S.  C.  Sec.  25.) 

§ 199.  Vaccination;  duties  of  parents,  guardians,  and  others. — 
Every  person,  being  the  parent  or  guardian,  or  having  the  care, 
custody,  or  control,  of  any  minor,  or  other  individual,  shall  (to  the 
extent  of  any  means,  power,  and  authority  of  said  parent,  guardian, 
or  other  person  that  could  properly  be  used  or  exerted  for  such  pur- 
pose) cause  such  minor  or  individual  to  be  so  promptly,  frequently, 


THE  SANITARY  CODE 


405 


and  effectively  vaccinated  that  such  minor  or  individual  shall  not 
take,  or  be  liable  to  take  the  small-pox.  (S.  C.  Sec.  147.) 

§ 200.  Physical  care  of  school  children. — A health  certificate  pre- 
pared in  accordance  with  the  Regulations  of  the  Department  of 
Health,  and  signed  by  a duly  licensed  physician  authorized  to  prac- 
tice medicine  in  the  State  of  New  York  shall  be  furnished  by  each 
pupil  at  the  time  of  his  or  her  admission  to  a public  or  other  free 
school  supported  in  whole  or  in  part  by  funds  obtained  from  direct 
taxation. 

If  any  such  pupil  shall  not  present  a health  certificate,  as  required 
herein,  the  principal  or  teacher  in  charge  of  the  school  shall  cause  a 
notice  to  be  promptly  sent  to  the  parent,  guardian,  or  other  person 
having  the  care,  custody,  or  control  of  such  pupil  to  the  effect  that, 
if  the  required  health  certificate  be  not  presented  within  ten  days 
thereafter,  a physical  examination  of  such  pupil  will  be  made  by  a 
medical  inspector  of  the  Department  of  Health. 

Every  principal  or  teacher,  in  charge  of  a public  or  other  free 
school  supported  in  whole  or  in  part  by  funds  obtained  from  direct 
taxation,  shall  report  to  the  medical  inspector  of  the  Department  of 
Health  having  jurisdiction  over  the  health  of  the  pupils  in  such 
school  the  names  of  all  pupils  who  shall  not  have  furnished  such 
health  certificate  within  ten  days  following  the  date  of  the  sending 
of  such  notice. 


ARTICLE  12 

MISCELLANEOUS  PROVISIONS 

Sec.  211.  Discharge  of  dense  smoke  prohibited. 

§ 212.  Nuisance  caused  by  the  discharge  or  escape  of  cinders, 
dust,  gas,  steam,  or  offensive  or  noisome  odors  pro- 
hibited. 

§ 213.  Spitting  forbidden. 

§ 214.  Use  of  common  towels  prohibited. 

§ 215.  Noise  from  animals  and  birds  prohibited. 

§ 216.  Smoking  in  subway  prohibited. 

§ 217.  Establishment  and  maintenance  of  tents  and  camps  regu- 
lated. 

§ 218.  Physicians  required  to  register  in  the  Department  of 
Health. 

§ 219.  Nurses. 

§ 220.  Hospitals;  permit  required;  exception. 

Sec.  211.  Discharge  of  dense  smoke  prohibited. — No  person  shall 
cause,  suffer  or  allow  dense  smoke  to  be  discharged  from  any  build- 
ing, vessel,  stationary  or  locomotive  engine  or  motor  vehicle,  place 
or  premises  within  the  City  of  New  York  or  upon  the  waters  adja- 
cent thereto,  within  the  jurisdiction  of  said  City.  All  persons  par- 
ticipating in  any  violation  of  this  provision,  either  as  proprietors, 
owners,  tenants,  managers,  superintendents,  captains,  engineers, 
firemen  or  motor  vehicle  operators  or  otherwise,  shall  be  severally 
liable  therefor.  (S.  C.  Sec.  181.) 

This  section  should  be  construed  with  the  one  following.  Liability  incurred  if 
smoke  escaping  was  detrimental.  N.  Y.  Health  v.  Ebling,  38  Misc.  537. 


40()  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

§ 212.  Nuisance  caused  by  the  discharge  or  escape  of  cinders,  dust, 
gas,  steam,  or  offensive  or  noisome  odors  prohibited. — The  owners, 
lessees,  tenants,  occupants  and  managers  of  every  building,  vessel 
or  place  in  or  upon  which  a locomotive  or  stationary  engine,  furnace 
or  boilers  are  used  shall  cause  all  ashes,  cinders,  rubbish,  dirt  and 
refuse  to  be  removed  to  some  proper  place  so  that  the  same  shall  not 
accumulate,  nor  shall  any  person  cause,  suffer  or  allow  cinders,  dust, 
gas,  steam,  or  offensive  or  noisome  odors  to  escape  or  be  discharged 
from  any  such  building,  vessel  or  place,  to  the  detriment  or  annoy- 
ance of  any  person  or  persons  not  being  therein  or  thereupon  en- 
gaged. (S.  C.  Sec.  96.) 

See  People  v.  Horton,  41  Misc.  Rep.  309,  and  cases  collected  in  39  Lawyers'  Rep. 
Ann.  551.  Also  Dept,  of  Health  v.  Ebling  Brewing  Co.,  78  N.  Y.  Supp.  11;  Dept, 
of  Health  v.  Ebling  Brewing  Co.,  38  Misc.  Rep.  537.  Smoke. — Reasonable  regula- 
tion valid  under  police  power.  City  of  Rochester  v.  Macaulay,  199  N.  Y.  207; 
Buffalo  ordinance  sustained.  City  of  Buffalo  v.  Roy  Mfg.  Co.,  124  N.  Y.  Supp.  913. 

§ 213.  Spitting  forbidden. — Spitting  upon  the  sidewalk  of  any 
public  street,  avenue,  park,  public  square,  or  place  in  the  City  of 
New  York,  or  upon  the  floor  of  any  hall  in  any  tenement  house  which 
is  used  in  common  by  the  tenants  thereof,  or  upon  the  floor  of  any 
hall  or  office  in  any  hotel  or  lodging  house  which  is  used  in  common 
by  the  guests  thereof,  or  upon  the  floor  of  any  theatre,  store,  factory, 
or  of  any  building  which  is  used  in  common  by  the  public,  or  upon 
the  floor  of  any  ferryboat,  railroad  car,  or  other  public  conveyance, 
or  upon  the  floor  of  any  ferryhouse,  depot,  or  station,  or  upon  the 
station  platform  or  stairs  of  any  elevated  railroad  or  other  common 
carrier,  or  into  the  street  from  the  cars,  stairs,  or  platforms  of  such 
elevated  railroads,  is  forbidden. 

The  corporations  or  persons  owning  or  having  the  management  or 
control  of  any  such  building,  store,  factory,  ferryboat,  railroad  car, 
or  other  public  conveyance,  ferryhouse,  depot  or  station,  or  station 
platform  or  stairs  of  any  elevated  railroad  or  other  common  carrier, 
shall  keep  permanently  and  conspicuously  posted  in  each  of  said 
places  a sufficient  number  of  notices  forbidding  spitting  upon  the 
floors  and  calling  attention  to  the  provisions  of  this  section. 

It  shall  be  the  duty  of  every  owner,  lessee,  or  manager  of  every 
factory,  workroom,  store,  office,  or  place  of  business,  in  which  ten 
or  more  persons  are  employed,  to  provide  proper  receptables  for  ex- 
pectoration. Such  receptacles  are  to  be  provided  in  the  proportion 
of  one  for  every  two  persons  so  employed,  and  they  are  to  be  cleansed 
and  disinfected  at  least  once  in  every  twenty-four  hours. 

A copy  of  the  preceding  paragraph  shall  be  kept  posted  in  a con- 
spicuous place  in  every  such  factory,  workroom,  store,  office,  or  place 
of  business.  (S.  C.  Sec.  178.) 

§ 214.  Use  of  common  towels  prohibited. — No  person,  firm,  or  cor- 
poration having  the  management  and  control  of  any  public  lavatory, 
public  washroom,  or  public  comfort  station  shall  maintain  in  or 
about  such  lavatory,  washroom,  or  public  comfort  station,  any  towel 
or  towels  for  use  in  common. 

The  terms  “public  lavatory,”  “public  washroom,”  and  “public 
comfort  stations”  as  used  herein  shall  be  construed  to  mean  and 
include  any  such  place  when  belonging  to  or  provided  in  connection 
with  a railroad  station,  ferryhouse,  school,  hotel,  theatre,  concert 


THE  SANITAitV  CODE 


407 


hall,  dance  hall,  department  store,  cafe,  restaurant,  or  a beer,  wine, 
or  liquor  saloon. 

The  term  “for  use  in  common’’  as  employed  herein  shall  be  con- 
strued to  mean,  for  the  use  of  or  intended  to  be  used  by,  more  than 
one  person. 

The  term  “department  store”  as  used  herein  shall  be  construed 
to  mean  and  include  any  place  where  goods,  wares,  or  merchandise 
are  offered  for  sale,  when  persons  entering  such  place  are  given  and 
allowed  access  to  a lavatory  or  washroom,  or  comfort  station,  main- 
tained on  or  in  connection  with  the  store  premises. 

The  term  “corporation”  as  used  herein  shall  be  construed  to  mean 
and  include  a municipal  corporation.  (S.  C.  Sec.  190.) 

§ 215.  Noise  from  animals  and  birds  'prohibited. — No  person  own- 
ing, occupying,  or  having  charge  of  any  building  or  premises,  shall 
keep  or  allow  thereon  or  therein  any  animal  or  bird,  which  shall  by 
noise  disturb  the  quiet  or  repose  of  any  person  therein  or  in  the  vicin- 
itv,  to  the  detriment  of  the  life  or  health  of  such  person.  (S.  C. 
Sec.  180.) 

§ 216.  Smoking  in  subway  prohibited. — Smoking  or  carrying  any 
lighted  cigar,  cigarette,  or  pipe,  in  or  on  any  stairway,  platform, 
station,  or  car,  of  any  railway  running  underneath  the  ground  sur- 
face, is  hereby  prohibited.  (S.  C.  Sec.  187.) 

§ 217.  Establishment  and  maintenance  of  tents  and  camps  regu- 
lated.— No  tent  shall  be  raised  or  erected  or  any  camp  established, 
in  the  City  of  New  York,  to  be  used  or  occupied  by  any  persons  as  a 
place  for  living  or  sleeping,  nor  shall  any  such  tent  or  camp  be  so 
used  or  occupied  without  a permit  therefor  issued  by  the  Board  of 
Health  or  otherwise  than  in  accordance  with  the  terms  of  said  permit 
and  with  the  Regulations  of  said  Board.  (S.  C.  Sec.  186.) 

§ 218.  Physicians  required  to  register  in  the  Department  of  Health. — 
Every  physician  practicing  in  the  City  of  New  York  shall  register 
his  or  her  name  and  address,  and  every  change  of  address,  in  the  office 
of  the  Bureau  of  Records  of  the  Department  of  Health.  (S.  C. 
Sec.  160.) 

§ 219.  Nurses. — No  person  other  than  one  who  shall  have  received 
from  the  regents  of  the  University  of  the  State  of  New  York  a cer- 
tificate of  his  or  her  qualifications  to  practice  as  a registered  nurse 
shall  assume  the  title.  Registered  Nurse,  or  use  the  abbreviation, 
R.  N.,  or  any  other  letters,  or  words  or  figures,  to  indicate  that  such 
person  is  a registered  nurse. 

§ 220.  Hospitals;  permit  required;  exception. — No  person,  persons, 
or  corporation,  other  than  those  specifically  authorized  by  law,  shall 
conduct  or  maintain  any  public  or  private  hospital  or  institution 
wherein  human  beings  may  be  treated  or  cared  for  by  a physician 
or  midwife,  without  a permit  therefor  issued  by  the  Board  of  Health 
or  otherwise  than  in  accordance  with  the  terms  of  said  permit  and 
with  the  Regulations  of  said  Board.  (S.  C.  Sec.  184.) 

ARTICLE  13 

OFFENSIVE  MATERIALS 

Sec.  231.  Offensive  water  or  other  liquid  or  substance;  not  permitted 
on  premises  or  grounds. 


408 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 232.  Offensive  matter  or  substances;  accumulations  thereof  not 
to  be  disturbed  in  certain  periods  of  year;  permit  re- 
quired. 

§ 233.  Stinking,  noxious  liquids;  not  to  fall  into  or  upon  any 
public  place. 

§ 234.  Blood,  butcher’s  offal  or  garbage,  dead  animals,  and 
putrid  or  stinking  animal  or  vegetable  matter;  disposal 
restricted. 

§ 235.  Contents  of  vaults,  privies,  cisterns,  cesspools,  and  sinks; 
creation  of  nuisances  prohibited. 

§ 236.  Disinfection  and  removal  of  contents  of  sinks,  privies, 
vaults,  and  all  other  noxious  substances. 

§ 237.  Vaults,  sinks,  privies,  and  cesspools;  use  thereof  limited. 

§ 238.  Transportation  of  garbage  on  boats  and  scows  to  Barren 
Island  regulated. 

§ 239.  Transportation  of  offal  and  butcher’s  refuse  regulated. 

§ 240.  Transportation  of  manure,  swill,  ashes,  garbage,  and  offal 
regulated. 

§ 241.  Collection  and  transportation  of  bones,  refuse,  and  offen- 
sive materials  regulated. 

§ 242.  Accumulations  of  manure,  offal,  garbage,  and  other  of- 
fensive and  nauseous  substances;  retention  and  disposal 
regulated. 

§ 243.  Removal  of  dead  or  diseased  animals  and  filthy,  offensive, 
and  noxious  substances  regulated. 

§ 244.  Carts,  vehicles,  and  implements  to  be  kept  in  an  inoffen- 
sive and  sanitary  condition ; use  of  same  regulated. 

§ 245.  Ships,  boats,  and  other  vessels;  not  allowed  at  dock  or  pier 
unless  permitted. 

§ 246.  The  use  of  docks,  piers,  and  bulkheads  regulated. 

§ 247.  Refuse  from  oyster-houses,  oyster-saloons,  and  other 
premises;  method  of  disposal  of  refuse  regulated;  nui- 
sances prohibited. 

§ 248.  Ashes,  garbage,  and  liquid  substances;  separate  recep- 
tacles to  be  provided;  duties  of  owners,  lessees,  and 
agents;  removal;  special  provisions  applicable  to  Borough 
of  Richmond. 

§ 249.  Receptacles  for  ashes,  garbage,  and  liquid  substances  not 
to  be  interfered  with  or  contents  disturbed. 

§ 250.  Ashes,  garbage,  and  rubbish;  method  of  removal  regu- 
lated. 

§251.  Vacant  lots;  accumulation  of  water  thereon  prohibited; 

fence  to  be  provided,  if  sunken;  throwing  and  depositing 
offensive  material  into  such  lots  prohibited. 

§ 252.  Filling  in  land;  offensive  and  unwholesome  materials  not 
to  be  used;  the  use  of  street  sweepings  for  filling  in  pur- 
poses forbidden. 

§ 253.  Lime,  ashes,  coal,  dry  sand,  hair,  feathers,  like  substances, 
and  other  materials  not  to  be  sieved,  agitated,  or  exposed. 

Sec.  231.  Offensive  water  or  other  liquid  or  substance;  not  permitted 
on  premises  or  grounds. — No  person  or  corporation  shall  permit  or 
have  any  offensive  water  or  other  liquid  or  substance  on  his,  her,  or 


THE  SANITARY  CODE 


409 


its,  premises  or  grounds  to  the  prejudice  of  life  or  health,  whether 
for  use  in  any  trade  or  otherwise.  (S.  C.  Sec.  88.) 

§ 232.  Offensive  matter  or  substances;  accumulations  thereof  not  to 
be  disturbed  in  certain  periods  of  year;  permit  required. — No  ground 
or  material  filled  with  or  containing  offensive  matter  or  substance, 
or  that  will  emit  or  allow  to  arise  through  or  from  the  same  any 
offensive  smell  or  deleterious  exhalation,  shall  (adjacent  to  or  within 
the  built-up  portion  of  the  City  of  New  York)  be  opened  or  turned 
up,  nor  shall  the  surface  thereof  be  removed,  between  the  first  day  of 
May  and  the  first  day  of  October  of  any  year,  without  a permit 
therefor  issued  by  the  Board  of  Health  or  otherwise  than  in  accord- 
ance with  the  terms  of  said  permit  and  with  the  Regulations  of  said 
Board.  (S.  C.  Sec.  99.) 

§ 233.  Stinking,  noxious  liquids;  not  to  fall  into  or  upon  any  public 
place. — No  swill,  brine,  urine  of  animals,  or  other  offensive  animal 
matter,  or  any  stinking  or  noxious  liquid,  or  other  filthy  matter  of 
any  kind,  shall  by  any  person  be  allowed  to  run  or  fall  into  or  upon 
any  street  or  public  place,  or  be  taken  or  put  therein.  (S.  C.  Sec. 
102.) 

§ 234.  Blood,  butcher^ s offal  or  garbage,  dead  animals,  and  putrid 
or  stinking  animal  or  vegetable  matter;  disposal  restricted. — No  blood, 
butcher’s  offal  or  garbage,  or  any  dead  animal,  or  any  putrid  or 
stinking  animal  or  vegetable  matter,  shall  be  thrown  by  any  person 
or  allowed  to  go  into  any  street,  place,  sewer,  or  receiving  basin,  any 
river  or  standing  or  running  water  or  excavation,  or  any  ground  or 
premises  in  the  built-up  portions  of  the  City.  (S.  C.  Sec.  103.) 

§ 235.  Contents  of  vaults,  privies,  cisterns,  cesspools,  and  sinks; 
creation  of  nuisances  prohibited. — No  person  shall  deposit,  or  allow 
to  run  or  go  into  or  remain  in  any  street  or  other  public  place  in  the 
City  of  New  York,  or  deposit,  or  allow  to  run  or  go  (except  through 
the  proper  underground  sewers)  into  any  river  or  other  body  of 
water  within  the  territorial  limits  of  the  said  City,  the  contents  (or 
any  part  thereof)  of  any  vault,  priv>%  cistern,  cesspool,  or  sink;  nor 
shall  any  owner,  tenant,  or  occupant,  of  any  building  to  which  any 
vault,  sink,  privy,  or  cesspool  shall  pertain  or  be  attached,  permit 
the  contents,  or  any  part  thereof,  to  flow  therefrom  or  to  rise  within 
two  feet  of  any  part  of  the  top  thereof,  or  said  contents  to  become 
offensive;  nor  shall  any  vault,  privy,  cistern,  cesspool,  or  sink  be 
filled  or  covered  with  dirt  until  it  shall  have  been  emptied  of  its  filthy 
contents.  (S.  C.  Sec.  104.) 

§ 236.  Disinfection  and  removal  of  contents  of  sinks,  privies,  vaults, 
and  all  other  noxious  substances. — All  putrid  or  offensive  matter,  all 
night  soil,  the  contents  of  all  sinks,  privies,  vaults,  and  cesspools, 
and  all  noxious  substances,  shall,  before  their  removal  or  exposure, 
be  disinfected  and  rendered  inoffensive  by  the  owner,  lessee,  or  oc- 
cupant of  the  premises  where  the  same  may  be,  or  by  the  person  or 
contractor  who  removes  or  is  about  to  remove  the  same;  and  no  part 
of  the  contents  of  any  vault,  privy,  sink,  or  cesspool  shall  be  removed 
without  a permit  therefor  issued  by  the  Board  of  Health  or  other- 
wise than  in  accordance  with  the  terms  of  said  permit  and  with  the 
Regulations  of  said  Board.  (S.  C.  Sec.  122.) 

§ 237.  Vaults,  sinks,  privies,  and  cesspools;  use  thereof  limited. — No 
person  shall  throw  or  deposit  into  any  vault,  sink,  privy,  or  cesspool. 


410 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


any  offal,  ashes,  meat,  fish,  garbage,  or  other  substance  except  that 
of  which  any  such  place  is  the  appropriate  receptacle.  (S.  C.  ^c. 
105.) 

§ 238.  Transportation  of  garbage  on  boats  and  scows  to  Barren  Island 
regulated. — No  boat,  scow,  or  other  receptacle,  used  in  transporting 
garbage  to  Barren  Island  or  the  place  of  disposal  shall  be  permitted 
to  remain  moored  or  be  at  any  dock,  wharf,  or  place,  within  the  limits 
of  the  City  of  New  York,  for  a longer  period  than  twenty-four  hours 
from  the  time  when  garbage  is  first  delivered  or  placed  thereon. 
Garbage  shall  be  received  on  and  transported  in  such  boat^  scow,  or 
other  receptacle  in  a manner  approved  by  the  Board  of  Health  and 
not  otherwise.  (S.  C.  Sec.  123.) 

§ 239.  Transportation  of  offal  and  butcher^ s refuse  regulated. — No 
offal  or  butcher^s  refuse  or  garbage  shall  be  conveyed  through  any 
street  or  avenue  or  over  any  ferry  in  the  City  of  New  York  without 
a permit  therefor  issued  by  the  Board  of  Health  or  otherwise  than 
in  accordance  with  the  terms  of  said  permit  and  with  the  Regulations 
of  said  Board. 

No  offal  or  butcher’s  refuse  shall  be  brought  into  the  City  of 
New  York.  (S.  C.  Sec.  87.) 

§ 240.  Transportation  of  manure,  swill,  ashes,  garbage,  and  offal 
regulated. — No  person  shall  engage  in  the  business  of  transporting 
manure,  swill,  ashes,  garbage,  offal,  or  any  offensive  or  noxious  sub- 
stance, or  drive  any  cart  for  such  purpose,  in  the  City  of  New  York, 
without  a permit  therefor  issued  by  the  Board  of  Health  or  otherwise 
than  in  accordance  with  the  terms  of  said  permit  and  with  the  Regu- 
lations of  said  Board.  (S.  C.  Sec.  119.) 

§ 241.  Collection  and  transportation  of  bones,  refuse,  and  offensive 
materials  regulated. — No  person  shall  gather,  collect,  accumulate, 
store,  expose,  carry,  or  transport  in  any  manner  through  any  street 
or  public  place,  or  into  any  building  or  cellar,  in  the  City  of  New 
York,  any  bones,  refuse,  or  offensive  material  without  a permit 
therefor  issued  by  the  Board  of  Health  or  otherwise  than  in  accord- 
ance with  the  terms  of  said  permit  and  with  the  Regulations  of  said 
Board.  (S.  C.  Sec.  101.) 

§ 242.  Accumulations  of  manure,  offal,  garbage,  and  other  offensive 
and  nauseous  substances;  retention  and  disposal  regulated. — No  pile, 
deposit,  or  accumulation  of  manure,  offal,  dirt,  or  garbage,  or  any 
offensive  or  nauseous  substance,  shall  be  made  within  the  built-up 
portions  of  the  City  of  New  York,  or  on  or  upon  the  piers,  docks,  or 
bulkheads  adjacent  thereto,  or  on  or  upon  any  vessel,  boat,  or  scow, 
lying  at  such  pier,  wharf,  or  bulkhead;  nor  shall  such  pile,  deposit, 
or  accumulation  be  made  anywhere  in  said  City  within  three  hundred 
feet  of  any  church  or  place  of  worship,  or  inhabited  dwelling,  without 
a permit  therefor  issued  by  the  Board  of  Health  or  otherwise  than 
in  accordance  with  the  terms  of  said  permit  and  with  the  Regula- 
tions of  said  Board;  and  no  person  shall  contribute  to  the  making  of 
any  such  pile,  deposit,  or  accumulation  without  such  a permit  or 
otherwise  than  in  accordance  with  the  terms  of  such  permit  and  the 
Regulations  of  said  Board;  nor  shall  any  car  loaded  with  or  having 
in  or  on  it  any  such  substance  or  substances  be  allowed  to  remain  or 
stand  on  any  railroad  track,  street,  or  highway,  within  three  hun- 
dred feet  of  any  inhabited  dwelling,  or  elsewhere  in  said  City,  nor 


THE  SANITARY  CODE 


411 


shall  any  vessel,  boat,  scow,  or  float,  loaded  with  any  such  substance 
or  substances  be  allowed  to  remain  at  any  pier,  dock,  or  bulkhead  in 
said  City,  without  a permit  therefor  issued  by  the  Board  of  Health 
or  otherwise  than  in  accordance  with  the  terms  of  said  permit  and 
with  the  Regulations  of  said  Board;  and  no  manure,  garbage,  or 
other  material  that  is  liable  to  emit  an  offensive  exhalation  shall,  in 
or  adjacent  to  the  built-up  portions  of  the  City  of  New  York,  be 
turned  or  stirred,  except  in  its  removal,  in  such  a way  as  to  increase 
such  exhalations  by  reason  thereof;  nor  shall  any  straw,  hay,  or 
other  substance,  which  has  been  used  as  bedding  for  animals,  be 
placed  or  dried  upon  any  street  or  sidewalk,  or  roof  of  any  building; 
nor  shall  any  such  straw,  hay,  or  other  substance,  or  the  contents 
of  any  mattress  or  bed,  be  deposited  or  burnt  without  a permit  there- 
for issued  by  the  Board  of  Health  or  otherwise  than  in  accordance 
with  the  terms  of  said  permit  and  with  the  Regulations  of  said 
Board.  (S.  C.  Sec.  111.) 

§ 243.  Removal  of  dead  or  diseased  animals  and  filthy ^ offensive, 
and  noxious  substances  regulated. — It  shall  be  the  duty  of  every 
person  (his  agents  and  employees)  who  has  contracted  or  under- 
taken to  remove  any  diseased  or  dead  animal,  offal,  rubbish,  garbage, 
dirt,  street-sweepings,  night  soil,  or  other  filthy,  offensive,  or  nox- 
ious substance,  or  is  engaged  in  any  such  removal,  or  in  loading  or 
unloading  any  such  substance,  to  do  the  same  with  dispatch,  and, 
in  every  particular,  in  as  cleanly  and  inoffensive  a manner,  and  with 
as  little  danger  and  prejudice  to  life  and  health,  as  possible,  and  no 
matter  or  material  shall  lie  piled  up,  or  partially  raked  together,  in 
any  street  or  place,  before  the  removal  thereof,  more  than  a reason- 
able time,  or  for  more  than  four  hours,  under  any  circumstances,  in 
the  daytime.  (S.  C.  Sec.  114.) 

§ 244.  Carts,  vehicles,  and  implements  to  he  kept  in  an  inoffensive 
and  sanitary  condition;  use  of  same  regulated. — No  cart  or  other  vehi- 
cle used  for  carrying  or  containing,  any  manure,  swill,  garbage, 
offal,  or  rubbish,  or  other  nauseous  or  offensive  substance,  or  the 
contents  of  any  privy,  vault,  cesspool,  or  sink,  shall,  without  neces- 
sity therefor,  be  allowed  to  stand  or  remain  before  or  near  any  build- 
ing, place  of  business,  or  other  premises,  where  any  person  may  be; 
nor  shall  the  loading  or  unloading  of  any  such  cart  or  vehicle  or  the 
conveying  thereof  through  any  street,  place,  or  premises  consume 
an  unreasonable  period  of  time.  Such  carts,  vehicles,  and  all  im- 
plements used  in  connection  therewith  must  be  kept  in  an  inoffen- 
sive and  sanitary  condition,  and,  when  not  in  use,  shall  be  stored 
and  kept  in  some  place  where  no  needless  offense  shall  be  given  to 
any  of  the  people  of  the  City  of  New  York.  (S.  C.  Sec.  120.) 

§ 245.  Ships,  boats,  and  other  vessels;  not  allowed  at  dock  or  pier 
unless  permitted. — No  ship,  boat,  or  other  vessel  shall  be  taken  or 
allowed  by  any  person  to  come  into,  or  lay  at  or  within,  any  dock, 
pier,  bulkhead,  or  slip,  for  the  purpose  of  the  shipment  or  removal 
of  any  offal,  garbage,  rubbish,  blood,  or  offensive  animal  or  vegetable 
matter,  dirt,  or  dead  animals,  or  for  the  use  of  any  contractor  for 
the  removal  of  any  of  the  foregoing  substances,  without  a permit 
therefor  issued  by  the  Board  of  Health  or  otherwise  than  in  accord- 
ance with  the  terms  of  said  permit  and  with  the  Regulations  of  said 
Board.  (S.  C.  Sec.  115.) 


412  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

§ 246.  The  use  of  docks,  piers,  and  bulkheads  regulated, — No  person 
shall  obstruct,  delay,  or  interfere  with  the  proper  and  ready  use,  for 
the  purposes  for  which  they  may  be  and  should  be  set  apart  and 
devoted,  of  any  dock,  pier,  or  bulkhead  by  any  contractor  or  person 
engaged  in  removing  any  offal,  garbage,  rubbish,  dirt,  dead  animal, 
night  soil,  or  other  like  substances,  or  with  the  proper  performance 
of  such  contracts.  (S.  C.  Sec.  113.) 

§ 247.  Refuse  from  oyster-houses,  oyster-saloons,  and  other  premises; 
method  of  disposal  of  refuse  regulated;  nuisances  prohibited, — Every 
proprietor,  lessee,  tenant,  and  occupant  of  any  oyster-house,  oyster- 
saloon,  or  other  premises  where  any  oysters,  clams,  lobsters,  or  shell 
or  other  fish  are  consumed,  used,  or  sold,  or  where  any  of  the  refuse 
matter,  offal,  or  shells  thereof  accumulate  shall  daily  cause  all  such 
shells,  offal,  and  refuse  matter  to  be  removed  therefrom  to  some 
proper  place,  and  shall  keep  such  house,  saloon,  or  premises  at  all 
times  free  from  any  offensive  smells  or  accumulations.  (S.  C.  Sec. 
112.) 

§ 248.  Ashes,  garbage,  and  liquid  substances;  separate  receptacles  to 
be  provided;  duties  of  owners,  lessees,  and  agents;  removal;  special  provi- 
sions applicable  to  Borough  of  Richmond, — It  shall  be  the  duty  of 
every  owner,  tenant,  lessee,  occupant,  or  person  in  charge  of  any 
and  every  building  in  the  built-up  and  generally  built-up  parts  of 
the  City  of  New  York,  from  which  the  City  of  New  York  removes 
ashes,  garbage,  rubbish,  or  refuse,  to  provide  or  cause  to  be  provided, 
forthwith,  and  at  all  times  thereafter  to  keep  and  provide  or  cause 
to  be  kept  and  provided,  within  and  for  the  exclusive  use  of  such 
building,  or  the  part  thereof  to  which  reference  is  hereinafter  made, 
separate  receptacles,  made  of  metal,  for  holding,  respectively,  with- 
out leakage,  all  ashes,  garbage,  and  liquid  waste  substances,  that 
may  accumulate,  during  sixty  consecutive  hours,  in  or  through  the 
use  of  such  building,  or  the  part  thereof  of  which  such  person  may 
be  the  owner,  tenant,  lessee,  occupant,  or  in  charge. 

And  it  shall  be  the  duty  of  ever}"  owner,  tenant,  lessee,  occupant, 
or  person  in  charge  of  any  such  building  to  cause  to  be  separated 
and  put  into  their  respective  receptacles  all  such  materials  and  sub- 
stances; but  no  such  receptacle  shall  be  filled  to  a greater  height  than 
a line  within  such  receptacle  four  inches  from  the  top  thereof,  nor 
shall  any  such  receptacle,  when  so  filled,  contain  more  than  two 
cubic  feet  of  material,  nor  weigh  more  than  one  hundred  pounds; 
and  every  such  receptacle  shall  be  kept,  at  all  times,  in  a condition 
satisfactory  to  the  Street  Cleaning  Department  or  the  Department 
of  Health. 

And  all  such  receptacles  shall  be  kept  within  the  building,  or  in 
the  rear  premises  therewith  connected,  until  the  time  for  the  removal 
of  such  ashes,  garbage,  or  liquid  waste  substances,  when  such  re- 
ceptacles shall  be  placed  in  the  area,  or  within  the  fence  or  other 
enclosure,  in  front  of  such  building,  or,  if  there  be  no  area,  or  fence 
or  other  enclosure,  such  receptacles  shall  be  placed  on  the  sidewalk 
close  to  such  building;  all  such  receptacles  shall  remain  so  placed 
until  the  contents  thereof  shall  have  been  removed  by  the  Street 
Cleaning  Department,  immediately  after  which,  such  receptacles 
shall  be  returned  to  such  building,  or  to  the  rear  premises  therewith 
connected;  and  every  receptacle  containing  garbage  or  liquid  waste 


THE  SANITARY  CODE 


413 


substance,  when  outside  of  such  building  shall  be  kept,  at  all  times, 
covered  with  a tight  fitting  cover. 

And  newspapers,  wrapping-paper,  and  all  other  light  refuse  and 
rubbish  likely  to  be  blown  or  scattered  about  the  streets,  shall  be 
securely  bundled,  tied,  or  packed,  before  being  placed  for  removal; 
and  such  newspapers,  wrapping-paper,  and  other  light  refuse  and 
rubbish,  as  well  as  all  other  refuse  and  rubbish,  shall  be  kept  within 
the  building,  or  in  the  rear  premises  therewith  connected,  until  the 
time  for  the  removal  thereof,  when  they  shall  be  placed  as  the  re- 
ceptacles hereinbefore  mentioned  are  required,  by  the  provisions  of 
this  section,  to  be  placed. 

No  such  receptacle  and  no  such  refuse  or  rubbish  shall,  however, 
be  so  placed  as  to  constitute  or  contribute  to  the  creation  of  a nui- 
sance; and  no  yard  sweepings,  hedge  cuttings,  grass,  leaves,  earth, 
stone,  bricks,  or  business  waste  shall  be  mixed  with  household  waste. 

Accumulations  of  household  ashes,  garbage,  refuse  or  rubbish  re- 
sulting from  the  failure  to  take  advantage  of  the  regular  collection 
service  shall  be  removed  at  the  expense  of  the  person  or  persons  con- 
cerned. 

It  shall,  however,  be  the  duty  of  every  owner,  tenant,  lessee,  occu- 
pant, or  person  in  charge  of  every  building  in  the  built-up  and  gen- 
erally built-up  parts  of  the  City  of  New  York  not  included  within 
the  foregoing  provisions  of  this  section  to  observe  the  requirements 
of  the  said  provisions,  except  that  such  owner,  tenant,  lessee,  occu- 
pant, or  person  shall  cause  all  ashes,  garbage,  liquid  waste,  rubbish, 
and  refuse  to  be  daily  removed  therefrom. 

The  foregoing  provisions  shall  apply  to  the  built-up  and  generally 
built-up  parts  of  the  City  of  New  York  except  as  follows: 

In  the  Borough  of  Richmond,  ashes  from  house  furnaces  shall  be 
kept  apart  from  the  remainder  of  the  household  waste  and  be  kept 
in  a receptacle,  or  in  receptacles,  made  of  metal,  which  shall  be  used 
only  for  holding  such  ashes;  and  the  remainder  of  the  household 
waste,  including  garbage,  kitchen  ashes,  sweepings,  soiled  paper, 
refuse,  and  rubbish,  shall  be  placed  in  another  metal  receptacle,  or 
in  other  metal  receptacles,  which,  when  outside  of  a building,  shall 
be  kept  covered  with  a tight  fitting  cover.  (S.  C.  Sec.  108.) 

§ 249.  Receptacles  for  ashes,  garbage,  and  liquid  substances  not  to 
be  interfered  with  or  contents  disturbed. — No  person,  not  for  that  pur- 
pose authorized,  shall  interfere  with  the  receptacles  for  ashes,  gar- 
bage, or  liquid  substances,  as  provided  in  accordance  with  Section  248 
of  the  Sanitary  Code,  or  with  the  contents  thereof;  nor  shall  any 
person  in  any  way  handle  or  disturb  such  contents.  (S.  C.  Sec.  109.) 

§ 250.  Ashes,  garbage,  and  rubbish;  method  of  removal  regulated. — 
All  occupants  so  preferring  may  deliver  their  ashes,  garbage,  refuse, 
and  rubbish  directly  to  the  proper  carts,  to  be  taken  away  at  any 
hour  of  the  day  when  said  carts  may  be  present,  and  said  carts  may 
take  such  articles  and  substances  at  any  such  hour;  provided  that 
such  garbage,  refuse,  or  rubbish  be  not  highly  filthy  or  offensive. 
In  the  latter  case,  the  same  shall  not  be  so  delivered  or  received  dur- 
ing the  period  beginning  at  seven  oVlock  a.  m.,  of  any  day  and  end- 
ing at  ten  o’clock  of  the  evening  of  the  same  day.  (S.  C.  Sec.  110.) 

§ 251.  Vacant  lots;  accumulation  of  water  thereon  prohibited;  fence 
to  be  provided,  if  sunken;  throwing  and  depositing  offensive  material 


414  CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

into  such  lots  prohibited. — It  shall  be  the  duty  of  every  owner,  lessee, 
contractor,  or  other  person  having  the  management  or  control  of 
any  lot  or  parcel  of  land  in  the  City  of  New  York,  to  keep  and  pre- 
serve the  same,  at  all  times,  clean  and  inoffensive,  and  to  prevent  the 
gathering  or  collecting  of  water  thereon;  and  to  provide  and  main- 
tain around  or  in  front  of  any  lot  which  is  sunken,  excavated,  or 
below  the  grade  of  the  sidewalk  adjacent  thereto,  a proper  fence  to 
protect  persons  from  falling  into  such  lot. 

No  person  shall  throw  or  deposit  into  or  upon  any  lot  any  garbage, 
refuse,  or  other  offensive  material.  (S.  C.  Sec.  116.) 

A somewhat  similar  ordinance,  sustained.  City  of  Rochester  v.  Simpson,  134 
N.  Y.  414. 

§ 252.  Filling  in  land;  offensive  and  unwholesome  materials  not  to 
be  used;  the  use  of  street  sweepings  for  filling-in  purposes  forbidden. — 
No  person  shall  fill  in  any  land  under  or  above  water  within  the 
limits  of  the  City  of  New  York,  or  any  of  the  islands  situated  within 
such  limits,  with  garbage,  dead  animals  or  any  part  thereof,  decay- 
ing matter,  or  any  offensive  and  unwholesome  material,  or  with 
dirt,  ashes,  or  other  refuse,  when  mixed  with  such  garbage,  dead 
animals  or  parts  thereof,  decaying  matter,  or  offensive  and  unwhole- 
some material. 

No  street  sweepings  shall  be  deposited  or  used  to  fill  up  or  raise 
the  surface  or  level  of  any  lot,  grounds,  dock,  wharf,  or  pier  in  or 
adjacent  to  the  built-up  portions  of  the  City  of  New  York  without  a 
permit  therefor  issued  by  the  Board  of  Health  or  otherwise  than  in 
accordance  with  the  terms  of  said  permit  and  with  the  Regulations 
of  said  Board.  (S.  C.  Sec.  98.) 

§ 253.  Lime,  ashes,  coal,  dry  sand,  hair,  feathers,  and  like  substances, 
and  other  materials  not  to  be  sieved,  agitated,  or  exposed. — No  lime, 
ashes,  coal,  dry  sand,  hair,  feathers,  or  other  substance  that  is  in 
a similar  manner  liable  to  be  blown  by  the  wind,  shall  be  sieved, 
agitated,  or  exposed,  nor  shall  any  mat,  carpet,  or  cloth  be  shaken 
or  beaten,  nor  shall  any  cloth,  yarn,  garment,  material,  or  substance 
be  scoured,  cleaned,  or  hung,  nor  shall  any  rags,  damaged  merchan- 
dise, barrels,  boxes,  or  broken  bales  of  merchandise  or  goods,  be 
placed,  kept,  or  exposed  in  any  place  where  they  or  particles  there- 
from will  pass  into  any  street  or  public  place,  or  into  any  occupied 
premises;  nor  shall  any  usual  or  any  reasonable  precautions  be 
omitted  by  any  person  to  prevent  fragments  or  other  substances 
from  falling,  to  the  detriment  or  peril  of  life  or  health,  or  dust  or 
light  material  flying  into  any  street,  place,  or  building,  from  any 
building  or  erection,  while  the  same  is  being  altered,  repaired,  or 
demolished,  or  otherwise.  (S.  C.  Sec.  118.) 

ARTICLE  14 

PLUMBING,  DRAINAGE  AND  SEWERAGE 

Sec.  271.  Drainage;  duties  of  owners,  lessees,  tenants,  and  occupants 
of  buildings  and  premises. 

§ 272.  Drainage  of  marsh  land. 

§ 273.  Sewers;  to  be  adequately  flushed;  duties  of  boards,  de- 
partments, officers  and  persons. 


THE  SANITARY  CODE 


415 


§ 274.  Sewage,  drainage,  factory  refuse,  and  foul  offensive  liquid 
or  other  material;  disposal  thereof  regulated  and  re- 
stricted. 

§ 275.  Change  in  drainage,  sewerage,  and  sewer  connection  affect- 
ing other  premises  regulatea. 

§ 276.  Drains,  soil-pipes,  passages,  or  connections  between  sewers 
and  buildings;  to  be  adequate. 

§ 277.  Plumbing;  to  be  kept  in  good  order  and  repair. 

§ 278.  Plumbing  fixtures;  to  be  separately  trapped. 

§ 279.  Drain,  soil,  and  waste  pipes;  joints  and  connections. 

§ 280.  Drain  pipes  from  refrigerators;  to  discharge  into  open  sink; 
discharge  from  overflow  pipe  regulated. 

§ 281.  Waste,  soil,  and  vent  pipes;  to  be  constructed  and  located 
so  as  not  to  contribute  to  the  creation  of  a nuisance. 

§ 282.  Ventilation  of  sewers  and  plumbing. 

§ 283.  Rain  water  leaders  and  gutters;  use  restricted;  to  be  sound, 
tight,  and  adequate. 

§ 284.  Privies  and  water-closets;  maintenance. 

§ 285.  Temporary  privies;  to  be  provided  during  construction 
work. 

§ 286.  Privies  to  be  screened  to  prevent  access  of  flies. 

§ 287.  Privy  vaults  and  cesspools;  construction. 

Sec.  271.  Drainage;  duties  of  owners,  lessees,  tenants,  and  occupants 
of  buildings  and  premises. — No  person  being  owner,  lessee,  tenant, 
or  occupant  of  any  building  or  premises,  shall  allow  any  water  or 
other  liquid  to  run  from  or  out  of  such  building  or  premises  upon  or 
across  any  sidewalk  or  curb-stone,  and,  no  such  substance  shall  be 
allowed  to  pass  into  any  street  except  by  means  of  a passage  con- 
structed under  or  through,  which  passage  must  be  kept  at  all  times 
adequate  and  in  repair;  and  no  water  or  other  liquid,  or  ice  there- 
from, shall  be  allowed  to  gather  or  remain  on  the  upper  surface  of 
such  curb,  flag-stone,  or  passage;  nor  shall  any  such  person  allow 
any  accumulation  of  such  water  or  liquid,  or  the  ice  therefrom, 
upon  any  street  or  place,  but  shall  at  all  times  cause  the  same  to  be 
removed  or  to  pass  along  the  gutter  or  some  proper  passage  to  one 
of  the  rivers  or  into  a sewer.  (S.  C.  Sec.  40.) 

§ 272.  Drainage  of  marsh  land. — It  shall  be  the  duty  of  every 
owner,  lessee,  agent,  contractor,  or  other  person  having  the  manage- 
ment or  control  of  any  salt  marsh  land,  inland  swamp,  sunken  lot, 
abandoned  excavation,  or  any  other  place  wherein  or  whereon  either 
salt  or  fresh  water  becomes  stagnant  and  in  which  said  stagnant 
water  mosquitoes  are  bred  and  developed,  to  fill  in  or  drain  the  same, 
or  employ  such  other  methods  as  will  prevent  at  all  times  the  breed- 
ing of  mosquitoes  in  or  on  such  places. 

§ 273.  Sewers;  to  he  adequately  flushed;  duties  of  hoards,  departments, 
officers,  and  persons. — It  shall  be  the  duty  of  all  boards,  departments, 
oflftcers,  and  persons  having  power  and  authority  so  to  do  or  re- 
quired (and  to  the  extent  thereof)  to  cause  sufficient  water  to  be 
used,  and  other  adequate  means  to  be  taken,  so  that  whatever  sub- 
stances may  enter  any  sewer  shall  pass  speedily  along  and  from  the 
same  and  sufficiently  far  into  some  water  or  proper  reservoir,  in 
order  that  no  accumulations  shall  take  place  therein,  and  no  ex- 


416  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

halations  proceed  therefrom,  dangerous  or  prejudicial  to  life  or 
health.  (S.  C.  Sec.  28.) 

§ 274.  Sewage,  drainage,  factory  refuse,  and  foul  or  offensive  liquid 
or  other  material;  disposal  thereof  regulated  and  restricted. — No  person, 
persons,  company,  or  corporation  shall  cause,  permit,  or  allow  any 
sewage,  drainage,  factory  refuse,  or  any  foul  or  offensive  liquid  or 
other  material  to  flow,  leak,  escape,  or  be  emptied  or  discharged,  into 
the  waters  of  any  river,  stream,  canal,  harbor,  bay,  or  estuary,  or 
into  the  sea,  within  the  limits  of  the  City  of  New  York,  excepting 
under  low-water  mark,  and  in  such  manner  and  under  such  condi- 
tions that  no  nuisance  can  or  shall  be  caused  thereby  or  as  a result 
thereof.  (S.  C.  Sec.  28.) 

§ 275.  Change  of  drainage,  sewerage,  and  sewer  connection  affecting 
other  premises  regulated. — No  change  shall  be  made  in  the  drainage, 
sewerage,  or  the  sewer  connection  of  any  house  or  premises,  involv- 
ing changes  in  the  drainage,  sewerage,  or  sewer  connecting  of  any 
other  house  or  premises,  unless  at  least  30  days^  notice  thereof  in 
writing  shall  have  been  previously  given  to  this  Department,  and  to 
the  owner  or  occupant  of  the  premises  affected  by  such  change, 
(S.  C.  Sec.  27.) 

§ 276.  Drains,  soil-pipes,  passages,  or  connections  between  sewers 
and  buildings;  to  be  adequate. — Every  person  using,  making,  or  having 
any  drain,  soil-pipe,  passage,  or  connection  between  any  sewer  (or 
any  river  or  other  body  of  water)  and  any  ground,  building,  erec- 
tion, or  place  of  business,  every  owner  or  tenant  of  any  such  ground, 
building,  or  erection  or  place  of  business,  and  every  person,  board, 
department,  or  officer  occupying  or  interested  in,  any  such  ground, 
building,  erection,  or  place  of  business,  shall,  to  the  extent  of  the 
right  and  authority  of  each,  cause  and  require  such  drain,  soil-pipe, 
passage,  or  connection  to  be  at  all  times  adequate  for  the  purpose  of 
conveying  and  allowing,  freely  and  entirely,  to  pass  whatever  enters 
or  should  enter  the  same.  (S.  C.  Sec.  27.) 

§ 277.  Plumbing;  to  be  kept  in  good  order  and  repair. — ^All  house 
drains,  house  sewers,  waste  and  soil  pipes,  traps,  and  water  and  gas 
pipes,  in  any  building  or  premises  shall  at  all  times  be  kept  in  good 
order  and  repair  so  that  no  gases  or  odors  shall  escape  therefrom 
and  so  that  the  same  shall  not  leak;  and  all  vent  pipes  shall  be  kept 
in  good  order  and  repair  and  free  from  obstructions.  (S.  C.  Sec.  32.) 

§ 278.  Plumbing  fixtures;  to  be  separately  trapped. — Every  water- 
closet,  urinal,  sink,  basin,  wash-tray,  and  bath,  and  every  tub  or  set 
of  tubs  and  hydrant  waste  pipe,  must  be  separately  and  effectively 
trapped,  except  where  a sink  and  wash  tubs  immediately  adjoin 
each  other,  in  which  case  the  waste  pipe  from  the  tubs  may  be  con- 
nected with  the  inlet  side  of  the  sink  trap.  Traps  must  be  placed 
as  near  the  fixtures  as  practicable,  and  in  no  case  shall  a trap  be 
more  than  two  feet  from  the  fixture.  In  no  case  shall  the  waste  from 
a bath  tub  or  other  fixture  be  connected  with  a water-closet  trap, 
nor  shall  any  trap  vent  pipe  be  used  as  a waste  or  soil  pipe.  (S.  C. 
Sec.  33.) 

§ 279.  Drain,  soil,  and  waste  pipes;  joints  and  connections. — All 
joints  in  cast  iron  drain,  soil,  and  waste  pipes  must  be  filled  with 
oakum  and  lead  and  be  hand  caulked  so  as  to  make  them  gas-tight. 
All  connections  of  lead  with  iron  pipes  must  be  made  with  a brass 


THE  SANITARY  CODE 


417 


sleeve  or  ferrule  of  the  same  size  as  the  lead  pipe,  put  into  the  hub 
of  the  branch  of  the  iron  pipe,  and  caulked  with  lead;  and  the  lead 
pipe  must  be  attached  to  the  sleeve  or  ferrule  by  a wiped  or  overcast 
joint.  All  connections  of  lead  waste  and  vent  pipes  shall  be  made 
by  means  of  wiped  joints,  and  all  connections  of  galvanized  wrought 
iron  pipe  shall  be  made  with  screw  joints.  (S.  C.  Sec.  31.) 

§ 280.  Drain  pipes  from  refrigerators;  to  discharge  into  open  sink; 
discharge  from  overflow  pipe  regulated. — No  drain  pipe  from  a refrig- 
erator shall  be  connected  with  the  soil  or  waste  pipe,  but  it  shall 
discharge  into  a properly  trapped,  sewer-connected,  water-supplied, 
open  sink.  No  overflow  pipe  from  a tank  shall  discharge  into  any 
soil  or  waste  pipe,  or  water-closet  trap,  or  into  the  drain  or  sewer, 
but  it  may  discharge  upon  the  roof  or  into  an  open  water-supplied 
tank.  (S.  C.  Sec.  34.) 

§ 281.  Waste y soil,  and  vent  pipes;  to  he  constructed  and  located  so 
as  not  to  contribute  to  the  creation  of  a nuisance. — All  waste,  soil,  and 
vent  pipes  in  any  building  in  the  City  of  New  York  shall  extend  above 
the  roof  thereof  to  a height  of  at  least  two  feet,  and  that  portion  of 
the  pipe  extending  above  the  roof  shall  be  of  an  increased  diameter. 
All  such  pipes  shall  be  so  constructed  and  located  that  they  shall 
not  contribute  to  the  creation  of  a nuisance.  (S.  C.  Sec.  36.) 

§ 282.  Ventilation  of  sewers  and  plumbing. — No  brick,  sheet  metal, 
or  earthenware,  material  or  chimney  flue  shall  be  used  as  a sewer 
ventilator,  or  to  ventilate  any  trap,  drain,  soil,  or  waste  pipe.  (S.  C. 
Sec.  29.) 

§ 283.  Rail  water  leaders  and  gutters;  use  restricted;  to  be  sounds 
tight j and  adequate. — Rain  water  leaders  and  gutters  shall  be  sound, 
tight,  and  adequate  for  their  purpose  and  such  leaders  shall  not  be 
used  as  soil,  waste,  or  vent  pipes,  or  be  connected  therewith;  nor 
shall  any  soil,  waste,  or  vent  pipe  be  used  as  a leader.  When  within 
the  house,  the  leader  must  be  of  cast  iron,  wrought  iron,  or  steel, 
with  leaded  joints  and  properly  connected  with  the  house  drain; 
when  outside  of  the  house  and  connected  with  the  house  drain,  it 
must  be  trapped  beneath  the  ground  or  just  inside  of  the  wall,  the 
trap  being  arranged  in  either  case  so  as  to  prevent  freezing.  In  every 
case  where  a sewer  or  cesspool  connected  leader  opens  near  a window 
or  a light-shaft,  it  must  be  properly  trapped  at  its  base.  The  joint 
between  a cast  iron  leader  and  the  roof  must  be  made  gas  and  water 
tight  by  means  of  a brass  ferrule  and  a lead  or  copper  pipe  properly 
connected.  (S.  C.  Sec.  35.) 

§ 284.  Privies  and  water-closets;  maintenance. — Every  owner, 
lessee,  keeper,  or  manager  of  any  boarding-house,  lodging-house, 
dwelling-house,  and  any  factory,  workroom,  store,  office,  or  place 
of  business,  in  which  persons  are  employed,  shall  provide,  or  cause 
to  be  provided,  for  the  use  of  the  tenants,  boarders,  lodgers,  dwellers 
or  employees  therein  adequate  privies  or  water-closets,  and  the 
same  shall  be  properly  lighted  and  ventilated,  and  shall  at  all  times 
be  kept  in  such  cleanly  and  sanitary  condition,  as  not  to  be  offensive 
or  dangerous  or  detrimental  to  life  or  health.  And  no  offensive  smell 
or  gases,  from  any  outlet  or  sewer,  or  from  any  such  privy  or  water- 
closet,  shall  be  allowed  to  pass  into  any  other  part  of  said  house, 
building,  or  premises,  or  into  any  other  house,  building,  or  premises. 
(S.  C.  Sec.  20.) 

27 


418 


CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 


§ 285.  Temporary  privies;  to  be  provided  during  construction  work. — 
Contractors  or  builders  shall  provide  or  cause  to  be  provided  tem- 
porary privies  for  the  use  of  the  men  employed  during  construction 
work,  at  some  convenient  place  upon  the  premises,  or  which  shall 
be  readily  accessible,  and  the  same  shall  be  properly  screened  to 
prevent  the  entrance  of  flies  thereto.  The  contents  of  such  privies 
shall  be  disinfected  and  removed,  and  shall  not  be  allowed  to  accumu- 
late thereat.  Contractors,  builders,  or  other  persons  having  the 
management  and  control  of  construction  work  shall  prevent  the 
commission  of  any  nuisance  by  workers,  employees,  or  other  persons 
connected  therewith,  in  and  about  such  work  or  premises,  and  re- 
quire workers  and  employees  to  use  the  privies  so  provided.  (S.  C. 
Sec.  37a.) 

§ 286.  Privies  to  be  screened  to  prevent  access  of  flies. — It  shall  be 
the  duty  of  each  owner,  lessee,  or  occupant  of  any  premises  on  which 
a privy  is  located  or  used  to  cause  the  same  to  be  properly  screened 
so  that  flies  shall  not  have  access  thereto  or  to  the  contents  thereof. 
(S.  C.  Sec.  37a.) 

§ 287.  Privy  vaults  and  cesspools;  construction. — No  privy  vault 
or  cesspool  shall  be  allowed  to  remain  on  any  premises,  or  built,  in 
the  City  of  New  York  unless  when  unavoidable.  The  sides  and 
bottom  of  every  privy  vault,  cesspool,  or  school  sink,’^  in  the  City 
of  New  York,  must  be  impermeable  and  secure  against  any  satura- 
tion of  the  walls  or  the  ground  above  the  same,  unless  otherwise 
allowed  by  a permit  in  writing  issued  therefor  by  the  Board  of  Health 
and  must  then  be  used  in  accordance  with  the  terms  of  said  permit 
and  the  Regulations  of  said  Board.  No  water-closet  or  privy  vault 
shall  be  constructed  without  adequate  provision  for  the  effectual 
and  proper  ventilation  and  cleansing  thereof.  (S.  C.  Sec.  37.) 


ARTICLE  15 

PASSENGER  CARS 

Sec.  301.  Railroad  cars  and  omnibuses;  to  be  cleaned  daily. 

§ 302.  Railroad  cars  and  omnibuses;  carrying  or  conveying  soiled 
or  dirty  clothing  restricted. 

§ 303.  Railroad  cars  and  omnibuses;  to  be  adequately  and  suffi- 
ciently ventilated. 

§ 304.  Regulating  the  heating  of  railroad  cars. 

Sec.  301.  Railroad  cars  and  omnibuses;  to  be  cleaned  daily. — Every 
car  or  omnibus  used  in  the  City  of  New  York  for  the  carrying  of 
passengers  shall,  on  each  and  every  day  on  which  it  shall  be  used,  be 
carefully  and  thoroughly  cleaned,  so  that  all  refuse,  dirt,  and  filth 
are  removed  from  the  inside  of  said  car  or  omnibus.  (S.  C.  Sec.  173.) 

§ 302.  Railroad  cars  and  omnibuses;  carrying  or  conveying  soiled 
or  dirty  clothing  restricted. — No  person  shall  at  any  time  carry  or 
convey  upon  or  in  any  passenger  car  or  omnibus,  nor  shall  any  con- 
ductor or  person  in  charge  of  any  such  car  or  omnibus  permit  or 
allow  to  be  carried  or  conveyed  upon  or  in  such  car  or  omnibus,  ex- 
cept upon  or  on  the  front  platform  thereof,  any  soiled  or  dirty  articles 
of  clothing  or  bedding.  (S.  C.  Sec.  174.) 


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419 


§ 303.  Railroad  cars  and  omnibuses;  to  he  adequately  and  sufficiently 
ventilated. — Every  car  or  omnibus  used  in  the  City  of  New  York  for 
the  carrying  of  passengers  shall  be  constructed  so  as  to  provide  and 
secure,  at  all  times,  good,  adequate,  and  sufficient  ventilation,  and 
such  good,  adequate,  and  sufficient  ventilation  shall  be  maintained 
at  all  times.  (S.  C.  Sec.  175.) 

§ 304.  Regulating  the  heating  of  railroad  cars. — Each  street,  surface, 
or  other  railroad  company  operating  or  running  cars  on  the  surface 
of  any  street,  avenue,  or  thoroughfare  in  the  City  of  New  York 
shall,  between  the  first  day  of  October  of  each  year  and  the  first  day 
of  April  of  each  following  year,  properly  heat  and  keep  heated  every 
car  in  use  on  its  line  or  lines  whenever  the  temperature  upon  the 
street  shall  fall  below  forty  degrees  Fahrenheit. 


ARTICLE  16 

STREET  CONDITIONS 

Sec.  311.  Method  of  cleaning  street  regulated. 

§ 312.  Street  obstruction  prohibited. 

§ 313.  Dirt  and  other  materials  not  to  obstruct  street. 

§ 314.  Cattle,  swine,  and  sheep;  permit  to  drive  required. 

§ 315.  Leading  cattle  through  street  regulated. 

§ 316.  Cattle,  sheep,  swine,  and  calves;  not  to  be  driven  without 
permit;  exception. 

Sec.  311.  Method  of  cleaning  streets  regulated. — Every  person, 
when  cleaning  any  street,  shall  clean,  and  every  contractor  shall 
cause  to  be  cleaned,  the  gutters  and  parts  of  the  street  along  which 
the  water  will  run,  before  using  any  water  to  wash  the  same;  and  no 
substance  that  could  be  before  scraped  away  shall  be  washed  or 
allowed  to  be  carried  or  be  put  into  the  sewer,  or  into  any  receptacle 
therewith  connected.  (S.  C.  Sec.  39.) 

§ 312.  Street  obstructions  'prohibited. — No  person  having  the  right 
and  ability  to  prevent,  shall  take  or  drive  or  allow  to  go  or  be  taken, 
any  horse  or  other  animal,  or  any  vehicle,  upon  any  sidewalk  or 
footpath  in  front  of  any  building,  to  the  peril  of  any  person-;  nor  shall 
any  person  block  or  obstruct,  or  contribute  to  the  blocking  or  ob- 
structing of,  any  street  or  other  public  place.  (S.  C.  Sec.  78.) 

§ 313.  Dirt  and  other  materials  not  to  obstruct  street. — No  person 
shall  deposit  upon  any  street  or  public  place  within  the  generally 
built-up  portion  of  the  City  of  New  York,  or  upon  any  paved  street 
in  the  said  City,  any  dirt,  brick,  or  other  material,  in  such  manner 
as  to  occupy  more  than  one  hundred  square  feet  of  surface  of  any 
such  street  or  public  place  (and  the  same  shall  be  compact  and  at 
one  side);  nor  shall  any  person  allow  the  same  to  remain  in  said 
street  or  public  place  more  than  twelve  hours  without  a permit  there- 
for issued  by  the  Board  of  Health,  or  unless  such  occupancy  shall 
be  otherwise  duly  authorized  by  paramount  authority.  Nor  shall 
any  such  substance  be  so  deposited  or  allowed  to  remain  by  any 
person,  as  to  obstruct  the  free  flowage  along  any  gutter.  (S.  C. 
Sec.  117.) 


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CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


§ 314.  Cattle,  sv/ine,  and  sheep,  permit  to  drive  required. — No  cattle, 
swine,  or  sheep  shall  be  driven  through  any  public  street  or  avenue 
in  the  Borough  of  Brooklyn  without  a permit  therefor  issued  by  the 
Board  of  Health  or  otherwise  than  in  accordance  with  the  terms  of 
said  permit  and  the  Regulations  of  said  Board.  (S.  C.  Sec.  70.) 

§ 315.  Leading  cattle  through  streets  regulated. — No  cattle,  with  or 
without  their  young  calves,  shall  be  led  through  or  along  any  of  the 
streets  of  the  City  of  New  York  without  a permit  therefor  issued  by 
the  Board  of  Health  or  otherwise  than  in  strict  accordance  with  the 
routes,  hours,  and  conditions  prescribed  thereby;  and  no  person  shall 
lead,  attempt  to  lead,  or  cause  to  be  led,  any  cattle  otherwise  than 
singly,  one  person  with  each,  nor  shall  any  cattle  be  led  on  or  allowed 
to  go  upon  any  sidewalk;  provided,  however,  that  sheep  may  be 
driven  on  routes  prescribed  for  them,  pursuant  to  the  terms  and  con- 
ditions of  the  permits  issued  by  the  Board  of  Health.  (S.  C.  Sec.  74.) 

§ 316.  Cattle,  sheep,  swine,  and  calves;  not  to  be  driven  without  permit; 
exception. — No  cattle,  sheep,  swine,  or  calves  shall  be  driven  in  the 
streets  or  avenues  of  the  Borough  of  Manhattan  without  a permit 
therefor  issued  by  the  Board  of  Health,  except  in  those  cases  where 
the  said  cattle,  sheep,  swine,  or  calves  shall  be  landed  at  the  foot  of 
the  street  leading  to  the  slaughterhouse  to  which  they  shall  be  des- 
tined, and  where  the  streets  shall  be  effectively  barred  or  closed,  so 
as  to  prevent  the  escape  of  such  cattle,  etc.,  during  the  transfer  from 
the  dock  to  the  slaughterhouse.  No  cattle,  sheep,  swine,  or  calves 
shall  be  landed  in  the  Borough  of  Manhattan  except  in  accordance 
with  the  provisions  and  restrictions  of  this  ordinance. 

No  cattle,  swine,  or  sheep  shall  be  driven  in  the  Boroughs  of  The 
Bronx,  Queens,  or  Richmond,  except  in  such  streets,  avenues,  or 
roads  as  shall  be  set  apart  and  designated  by  the  Board  of  Health. 
(S.  C.  Sec.  75.) 

ARTICLE  17 

TRADES,  OCCUPATIONS  AND  BUSINESSES 

Sec.  321.  Occupations  and  businesses,  dangerous  or  detrimental  to 
life  or  health,  prohibited. 

§ 322.  Offensive  or  noisome  trades  and  businesses  regulated. 

§ 323.  Certain  offensive  or  noisome  trades,  occupations,  and 
businesses  prohibited  in  the  Borough  of  Manhattan. 

§ 324.  Certain  offensive  or  noisome  businesses  in  the  Boroughs 
of  Brooklyn,  The  Bronx,  Queens,  and  Richmond  reg- 
ulated. 

§ 325.  Business  of  slaughtering  cattle,  sheep,  swine,  pigs,  calves, 
and  fowl  regulated. 

§ 326.  Business  of  slaughtering  cattle,  sheep,  swine,  pigs,  and 
calves  restricted  in  the  Borough  of  Manhattan. 

§ 327.  Slaughtering  of  horses  and  sale  of  horse  flesh  for  food, 
prohibited. 

§ 328.  Tanning,  skinning,  and  scouring  or  dressing  hides  and 
leather  regulated. 

§ 329.  Business  of  rendering  and  melting  fat  regulated. 

§ 330.  Business  of  manufacturing  or  preparing  sausages  and 
smoking  or  preserving  meat  or  fish  regulated. 


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421 


§ 331.  Business  of  breaking  out  eggs  regulated;  sale  of  spots 
and  ^^spot  eggs^^  prohibited;  the  term  “spot’^  and  ‘‘spot 
eggs^^  defined. 

§ 332.  Boiling  varnish  or  oil;  distilling  alcoholic  spirits;  making 
lampblack,  turpentine,  or  tar;  treating  and  refining  ores, 
metals,  or  alloys  of  metals;  regulated. 

§ 333.  Gas  manufacture  regulated  and  restricted;  plans  of  build- 
ings and  location  to  be  approved. 

§ 334.  Lodging  houses  regulated. 

§ 335.  Barber  shops  regulated. 

§ 336.  Public  laundries  regulated. 

§ 337.  Duty  of  employers  to  provide  means  to  prevent  occupa- 
tional diseases. 

§ 338.  Manufacturing,  sorting  and  handling  cigars,  cigarettes 
and  tobacco  regulated. 

§ 339.  Removal  of  dust,  gases,  and  other  impurities  from  work- 
rooms by  suction  devices. 

§ 340.  Bathing  establishments  regulated. 

§ 341.  Ocean  bathing;  regulations  for  protection. 

Sec.  321.  Occupations  and  businesses,  dangerous  or  detrimental  to 
life  or  health,  prohibited. — No  occupation  or  business  that  is  danger- 
ous or  detrimental  to  life  or  health  shall  be  established  or  carried  on 
in  the  City  of  New  York.  (S.  C.  Sec.  92.) 

§ 322.  Offensive  or  noisome  trades  arid  businesses  regulated. — No 
establishment  or  place  for  carrying  on  any  offensive  or  noisome  trade 
or  business  shall  be  opened,  started,  established,  or  maintained  in 
the  City  of  New  York,  without  a permit  therefor  issued  by  the  Board 
of  Health  or  otherwise  than  in  accordance  with  the  terms  of  said  per- 
mit and  with  the  Regulations  of  said  Board.  (S.  C.  Sec.  88.) 

§ 323.  Certain  offensive  or  noisome  trades,  occupations,  and  busi- 
nesses prohibited  in  the  Borough  of  Manhattan. — It  shall  not  be  lawful 
for  any  person,  persons,  or  corporation,  to  carry  on,  establish,  prose- 
cute, or  continue,  within  the  Borough  of  Manhattan,  the  occupation, 
or  trade,  or  basiness,  of  bone  boiling,  bone  burning,  bone  grinding, 
horse  skinning,  cow  skinning,  or  skinning  of  dead  animals,  or  the 
boiling  of  offal;  and  any  such  establishment  existing  within  said 
Borough  shall  be  forthwith  removed  from  said  Borough,  and  such 
occupation,  trade,  or  business  shall  be  forthwith  abated  and  dis- 
continued, provided  that  the  provisions  of  this  section  shall  not  apply 
to  the  slaughtering  or  dressing  of  animals  for  sale  in  said  Borough. 
(S.  C.  Sec.  90.) 

§ 324.  Certain  offensive  or  noisome  businesses,  in  the  Boroughs  of 
Brooklyn,  The  Bronx,  Queens,  and  Richmond  regulated. — The  busi- 
ness of  bone  crushing,  bone  boiling,  bone  grinding,  bone  or  shell  burn- 
ing, lime  making,  horse  skinning,  cow  skinning,  glue  making  from 
any  part  of  dead  animals,  gut  cleaning,  hide  curing,  fat  rendering, 
boiling  of  fish,  swill,  or  offal,  heating,  drying,  or  storing  of  blood, 
scrap,  fat,  grease,  or  other  offensive  animal  matter  or  of  offensive 
vegetable  matter,  or  manufacturing  materials  for  manure  or  fertil- 
lizer,  shall  not  be  carried  on  in  the  Boroughs  of  Brooklyn,  The 
Bronx,  Queens,  or  Richmond  without  a permit  therefor  issued  by 
the  Board  of  Health  or  otherwise  than  in  accordance  with  the  terms 


422 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


of  said  permit  and  with  the  Regulations  of  said  Board.  (S.  C. 
Sec.  91.) 

§ 325.  Business  of  slaughtering  cattle j sheep ^ swine y pigSy  calves y 
and  fowl  regulated. — The  business  of  slaughtering  cattle,  sheep, 
swine,  pigs,  calves,  or  fowl  shall  not  be  conducted  in  the  City  of 
New  York  without  a permit  therefor  issued  by  the  Board  of  Health 
or  otherwise  than  in  accordance  with  the  terms  of  said  permit  and 
with  the  Regulations  of  said  Board.  It  shall  not  be  unlawful,  how- 
ever, to  slaughter  cattle,  sheep,  swine,  pigs,  or  calves  in  the  Borough 
of  Brooklyn,  at  such  places  where  such  business  was  established  and 
carried  on  on  January  3,  1898.  (S.  C.  Sec.  83.) 

§ 326.  Business  of  slaughtering  cattle y sheep y swine y pigSy  and  calves 
restricted  in  the  Borough  of  Manhattan. — The  business  of  slaughter- 
ing cattle,  sheep,  or  calves  shall  not  be  conducted  in  the  Borough  of 
Manhattan  except  in  that  part  of  the  said  Borough  bounded  by  the 
west  side  of  Eleventh  Avenue,  the  middle  line  of  the  block  between 
West  38th  and  West  39th  streets  (west  of  Eleventh  avenue),  the 
North  River,  and  the  south  side  of  West  41st  street;  and  in  that 
part  of  the  said  Borough  bounded  by  the  east  side  of  First  avenue, 
the  middle  line  of  the  block  between  East  42d  street  and  East  43d 
street  (east  of  First  avenue),  the  East  River,  and  the  south  side  of 
East  47th  street. 

The  business  of  slaughtering  swine  and  pigs  shall  not  be  continued 
in  the  Borough  of  Manhattan  except  in  that  part  of  the  said  Borough 
bounded  by  the  west  side  of  Eleventh  avenue,  the  middle  line  of 
the  block  between  West  38th  and  West  39th  streets  (west  of  Eleventh 
avenue),  the  North  River,  and  the  south  side  of  West  41st  street. 
(S.  C.  Sec.  84.) 

Limiting  the  slaughtering  of  cattle  to  a restricted  section  is  regulating  the  busi- 
ness and  not  void  as  being  in  restraint  of  trade.  Cronin  v.  People,  82  N.  Y.  318. 

§ 327.  Slaughtering  of  horses  and  sale  of  horse  flesh  for  food  pro- 
hibited.— The  bringing  into  the  City  of  New  York  and  the  keeping 
or  selling  of  horse  flesh  for  food,  and  the  slaughtering  of  horses,  in 
said  city,  are  prohibited.  (S.  C.  Sec.  86.) 

§ 328.  Tanning,  skinfiing,  and  scouring  or  dressing  hides  and  leather 
regulated. — No  establishment  or  place  of  business  for  tanning,  skin- 
ning, or  scouring,  or  for  dressing  hides  or  leather  shall  be  opened, 
started,  established,  or  maintained  in  the  City  of  New  York,  without 
a permit  therefor  issued  by  the  Board  of  Health  or  otherwise  than 
in  accordance  with  the  terms  of  said  permit  and  with  the  Regulations 
of  said  Board.  (S.  C.  Sec.  88.) 

§ 329.  Business  of  rendering  and  melting  fat  regulated. — The  busi- 
ness of  rendering  or  melting  fat  shall  not  be  carried  on  in  the  City  of 
New  York  without  a permit  therefor  issued  by  the  Board  of  Health 
or  otherwise  than  in  accordance  with  the  terms  of  said  permit  and 
with  the  Regulations  of  said  Board.  (S.  C.  Sec.  95.) 

§ 330.  Business  of  manufacturing  or  preparing  sausages  and  smok- 
ing or  preserving  meat  or  fish  regulated. — The  business  of  manufac- 
turing or  preparing  sausages  or  smoking  or  preserving  meat  or  fish 
shall  not  be  carried  on,  nor  shall  any  place  therefor  be  established, 
in  the  City  of  New  York  without  a permit  therefor  issued  by  the 
Board  of  Health  or  otherwise  than  in  accordance  with  the  terms  of 
said  permit  and  with  the  Regulations  of  said  Board.  (S.  C.  Sec.  49a.) 


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423 


§ 331.  Business  of  breaking  out  eggs  regulated;  sale  of  spots'^  and 
spot  eggs^^  prohibited;  the  term  ^^spoV^  and  ^^spot  eggs’^  defined. — 
No  person  shall  break  out  eggs  for  sale  or  conduct  the  business  of 
breaking  out  eggs  to  be  canned,  frozen,  dried,  or  used  in  any  other 
manner,  in  the  City  of  New  York,  and  no  eggs  broken  from  the  shell, 
whether  canned,  frozen,  dried,  or  treated  in  any  other  manner,  shall 
be  received,  held,  kept,  sold,  offered  for  sale,  or  delivered  in  the  said 
City  without  a permit  therefor  issued  by  the  Board  of  Health  or 
otherwise  than  in  accordance  with  the  terms  of  said  permit  and  with 
the  Regulations  of  said  Board. 

(a)  No  person  shall  receive,  hold,  keep,  sell,  offer  for  sale,  or  de- 
liver, as  or  for  food,  or  to  be  used  in  food,  in  the  City  of  New  York, 
any  canned,  frozen,  or  dried  eggs,  or  eggs  broken  from  the  shell, 
which  are  adulterated  or  to  which  has  been  added  any  poisonous 
ingredient  or  any  ingredient  which  may  render  such  eggs  injurious 
to  health,  or  to  which  has  been  added  any  antiseptic,  preservative, 
or  foreign  substance  not  evident  and  not  known  to  the  purchaser  or 
consumer,  or  which  shall  contain  filthy,  decomposed,  or  putrid 
animal  matter. 

(b)  No  person  shall  keep,  sell  or  offer  for  sale  as  food  any  ‘‘spots’^ 
or  “spot  eggs.^^  Such  eggs  in  the  possession  of  a dealer  in  food  shall, 
prima  facie,  be  deemed  to  be  held,  kept,  and  offered  for  sale,  as  such 
food. 

The  term  “ spots and  “spot  eggs,^’  when  used  herein,  shall  be 
taken  to  mean  all  eggs  that  are  partially  hatched,  broken  yolked, 
blood  ringed,  or  veined,  and  all  unsound  eggs,  including  those  af- 
fected by  moulds  or  which  are  partly  decomposed  or  that  have  be- 
come sour.  (S.  C.  Sec.  48a.) 

§ 332.  Boiling  varnish  or  oil;  distilling  alcoholic  spirits;  making 
lampblack,  turpentine,  or  tar;  treating  and  refining  ores,  metals,  or 
alloys  of  metals;  regulated. — No  person  shall  hereafter  erect  or  estab- 
lish in  the  City  of  New  York  any  manufactory  or  place  of  business, 
for  boiling  any  varnish  or  oil,  for  the  distilling  of  any  ardent  or 
alcoholic  spirits,  for  making  any  lampblack,  turpentine,  or  tar,  for 
the  treating  and  refining  of  ores,  metals,  or  alloys  of  metals,  with 
acids  or  heat,  or  for  conducting  any  other  business  that  will  or  does 
generate  any  offensive  or  deleterious  gas,  vapor,  deposit,  or  exhala- 
tion, without  a permit  therefor  issued  by  the  Board  of  Health  or 
otherwise  than  in  accordance  with  the  terms  of  said  permit  and  with 
the  Regulations  of  said  Board.  (S.  C.  Sec.  94.) 

§ 333.  Gas  manufacture  regulated  and  restricted;  plans  of  building 
arid  location  to  be  approved. — No  person  or  corporation  being  a man- 
ufacturer of  gas,  or  engaged  in  or  about  the  manufacture  thereof, 
shall  throw  or  deposit  or  allow  to  run,  or  shall  permit  to  be  thrown 
or  deposited,  into  any  public  waters,  river,  or  stream,  or  into  any 
sewer  therewith  connected,  or  into  any  street  or  other  public  place, 
any  gas,  tar,  or  any  refuse  matter  of  or  from  any  gas-house  works, 
manufactory,  mains,  or  service  pipes,  or  permit  the  escape  of  any 
offensive  odors  from  their  works,  mains,  or  pipes;  nor  shall  any  such 
person  or  corporation  permit  to  escape  from  any  of  their  works, 
mains,  or  pipes,  any  gas  dangerous  or  prejudicial  to  life  or  health, 
or  manufacture  illuminating  gas  of  such  ingredients  and  quality 
that  in  the  process  of  burning  it  any  substance  which  may  escape 


424  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

therefrom  shall  be  dangerous  or  prejudicial  to  life  or  health;  nor 
shall  any  such  person  or  corporation  fail  to  use  the  most  approved 
and  all  reasonable  means  for  preventing  the  escape  of  odors. 

No  buildings  shall  be  erected  or  converted  into,  or  used  as,  a place 
for  the  manufacture  of  illuminating  gas,  until  the  plans  of  such 
buildings  and  the  location  thereof,  shall  have  been  duly  approved 
in  writing  by  the  Board  of  Health.  (S.  C.  Sec.  89.) 

§ 334.  Lodging  houses  regulated. — No  lodging-house  containing 
rooms  in  which  there  are  more  than  three  beds  for  the  use  of  lodgers, 
or  in  which  more  than  six  persons  are  allowed  to  sleep,  shall  be  con- 
ducted, maintained,  or  operated  in  the  City  of  New  York  without 
a permit  therefor  issued  by  the  Board  of  Health  or  otherwise  than 
in  accordance  with  the  terms  of  the  said  permit  and  the  Regulations 
of  the  said  Board.  (S.  C.  Sec.  21.) 

§ 335.  Barber  shops  regulated. — No  barber  shop  in  the  City  of 
New  York  shall  be  conducted  otherwise  than  in  accordance  with  the 
Regulations  of  the  Board  of  Health.  (S.  C.  Sec.  179.) 

§ 336.  Public  laundries  regulated. — No  public  laundry  shall  be 
conducted  otherwise  than  in  accordance  with  the  Regulations  of  the 
Board  of  Health.  The  provisions  of  this  section  shall  not  apply  to 
the  home  of  a person  performing  laundry  work  thereat  for  a regular 
family  trade. 

§ 337.  Duty  of  employers  to  provide  means  to  prevent  occupational 
diseases. — Every  employer  shall  provide  reasonably  effective  devices, 
means,  and  methods  to  prevent  the  contraction  by  his  employees 
of  any  illness  or  disease  incident  to  the  work  or  process  in  which  such 
employees  are  engaged. 

§ 338.  Manufacturing,  sorting  and  handling  cigars,  cigarettes  and 
tobacco  regulated. — No  person  engaged,  in  the  City  of  New  York, 
in  manufacturing,  sorting,  or  handling,  cigars  or  cigarettes  or  in  pre- 
paring, sorting,  or  handling,  tobacco  for  any  purpose,  shall,  at  any 
time,  touch  with  lips,  teeth,  or  tongue  any  such  cigar  or  cigarette 
or  any  such  tobacco,  intended  to  be  sold  or  offered  for  sale; 
nor  shall  any  person  moisten  with  saliva,  directly  or  indirectly,  by 
spitting,  or  by  use  of  the  fingers,  or  utensils  or  accessories  of  any  kind, 
any  such  cigar  or  cigarette  or  any  such  tobacco ; nor  shall  any  person 
spray  or  moisten  any  such  cigar  or  cigarette  or  any  such  tobacco 
by  means  of  water  or  any  other  liquid,  emitted  from  the  mouth; 
nor  shall  any  part  of  any  such  cigar  or  cigarette  be  allowed  to  touch 
or  be  introduced  into  the  nose  of  any  person. 

Every  establishment  wherein  cigars  or  cigarettes,  or  both,  intended 
to  be  sold  or  offered  for  sale,  are  manufactured,  sorted,  or  handled, 
or  wherein  tobacco  intended  to  be  sold  or  offered  for  sale  is  pre- 
pared, sorted,  or  handled  for  any  purpose,  shall  be  provided  with 
proper  cuspidors,  which  shall  be  furnished  in  the  proportion  of  one 
for  every  two  persons  employed  therein  who  actually  manufacture, 
prepare,  sort,  or  handle,  any  such  cigars,  cigarettes,  or  tobacco, 
and  every  such  cuspidor  shall  be  cleansed  at  least  once  every  twenty- 
four  hours. 

A copy  of  this  section  shall  be  conspicuously  posted  in  every  place 
where  such  cigars  or  cigarettes  are,  or  tobacco  is  manufactured,  pre- 
pared, sorted,  or  handled. 

§ 339.  Removal  of  dust,  gases,  and  other  impurities  from  workrooms 


THE  SANITARY  CODE 


425 


hy  suction  devices. — Every  factory  and  other  place  of  business  in  any 
workroom  of  which,  in  the  course  of  business,  dust,  gases,  fumes, 
vapors,  fibers,  or  other  impurities  are  generated,  released,  or  set  in 
motion,  in  quantities  tending  to  injure  the  health  of  the  persons 
therein  employed,  shall  be  provided  with  suction  devices  that  will 
remove  such  dust,  gases,  fumes,  vapors,  fibers,  or  other  impurities 
from  every  such  workroom,  and  such  devices  shall  be  installed  as 
near  as  practicable  to  the  place  where  such  dust,  gases,  fumes,  vapor, 
fibers,  or  other  impurities  are  generated,  released,  or  set  in  motion. 
Such  devices  shall,  also,  be  kept  constantly  working  when  their  em- 
ployment is  necessary  to  meet  the  requirements  of  this  section. 

Every  factory  and  other  place  of  business  in  any  workroom  of 
which,  through  the  nature  of  the  business  carried  on,  excessive  heat 
is  created  shall  be  provided  with  such  means  or  appliances  as  will 
appreciably  reduce  such  heat,  and  such  means  or  appliances  shall 
be  constantly  employed  when  such  excessive  heat  is  being  created. 

§ 340.  Bathing  establishments  regulated. — Bathing  suits  shall  not 
be  hired  out,  nor  shall  any  bathing  establishment  be  maintained,  in 
the  City  of  New  York,  without  a permit  therefor  issued  by  the 
Board  of  Health  or  otherwise  than  in  accordance  with  the  terms  of 
said  permit  and  the  Regulations  of  said  Board.  (S.  C.  Sec.  26.) 

§ 341.  Ocean  bathing;  regulations  for  'protection. — Every  keeper  or 
proprietor  of  a hotel  or  boarding  house,  and  every  other  person  having 
a bathing-house  upon  or  near  any  beach  or  shore  of  the  ocean  for 
the  accommodation  of  his  guests  or  other  persons,  for  pay,  shall 
provide  for  the  safety  of  such  bathers  two  lines  of  sound,  serviceable, 
and  strong  manila  or  hemp  rope,  not  less  than  one  inch  in  diameter, 
anchored  at  some  point  above  high  water,  at  the  same  distance  apart 
as  the  width  of  the  space  occupied  by  him  fronting  on  such  beach; 
and  from  the  two  points  at  which  such  life  lines  are  so  anchored, 
such  lines  shall  be  made  to  extend  as  far  into  the  surf  as  bathing 
therein  is  ordinarily  safe  and  free  from  danger  of  drowning  to  persons 
not  expert  in  swimming,  and  at  such  limit  points  of  safety  such  lines 
shall  be  anchored  and  buoyed.  From  such  limit  points  of  such  lines 
so  extended,  anchored,  and  buoyed,  a third  line  shall  be  extended, 
connecting  the  two  extremeties  of  such  lines,  and  buoyed  at  such 
points  as  to  be  principally  above  the  surface  of  the  water,  thereby 
inclosing  a space  within  such  lines  and  the  beach  within  which  bath- 
ing is  believed  to  be  safe.  Every  such  keeper,  proprietor,  or  other 
such  person  shall  cause  to  be  painted  and  put  up  in  some  prominent 
place  upon  the  beach,  near  such  bathing-houses,  the  following  words: 
“Bathing  beyond  the  lines  dangerous.’^  Such  lines  so  placed,  an- 
chored, and  buoyed,  and  such  notice  so  put  up,  shall  be  so  main- 
tained by  every  such  keeper,  proprietor,  or  other  person  during  the 
entire  season  of  surf  bathing.  The  owner  of  a bathing-house  shall 
not  be  subject  to  the  provisions  of  this  section  where  such  bathing- 
house  is  used,  occupied,  or  maintained  by  a lessee  for  hire,  but,  in 
such  instances,  the  lessee  shall  be  deemed  the  keeper  or  proprietor 
thereof.  (S.  C.  Sec.  26.) 


426 


CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 


ARTICLE  18 

VESSELS  AND  SE.^MEN 

Sec.  351.  Duties  of  masters,  chief  officers,  and  physicians. 

§ 352.  Vessels  from  infected  ports,  or  liable  to  quarantine;  not 
to  be  brought  within  three  hundred  yards  of  docks  or 
piers  unless  permitted. 

§ 353.  Vessels  not  in  quarantine;  duty  of  master,  chief  officers, 
and  consignee  to  make  daily  reports. 

§ 354.  Removal  of  persons  sick  of  an  infectious  disease  pro- 
hibited. 

§ 355.  Removal  of  persons  and  articles  exposed  to  infectious 
disease  restricted ; permit  required . 

§ 356.  Straw,  bedding,  clothing,  and  other  substances;  not  to  be 
cast  into  public  waters. 

§ 357.  Births,  marriages,  and  deaths;  duty  of  officers,  surgeons, 
and  others  to  report. 

§ 358.  Discharge  of  cargo  regulated. 

§ 359.  Skins,  hides,  rags,  straw,  bedding,  and  other  articles  and 
materials;  removal  and  distribution  regulated. 

§ 360.  Houseboats;  the  use  thereof  regulated. 

§ 361.  Boats  and  other  water  craft;  loud  and  explosive  noises 
prohibited. 

§ 362.  Duties  of  keepers,  lessees,  tenants,  and  owners  of  boarding- 
houses and  lodging-houses. 

Sec.  351.  Duties  of  masterSy  chief  officers^  and  physicians. — Every 
master  and  chief  officer  of  any  vessel,  and  every  physician  of,  or  who 
has  practiced  on,  any  vessel,  which  shall  arrive  in  the  port  of  New 
York  from  any  other  port,  shall  at  once  report  to  the  Department  of 
Health  any  facts  connected  with  any  person  or  thing  on  said  vessel, 
or  that  came  thereon,  which  he  has  reason  to  think  may  endanger 
the  public  health  of  the  City  of  New  York;  and  he  shall  report  the 
facts  as  to  any  person  thereon  being  or  having  been  sick  of  an  in- 
fectious disease,  and  as  to  there  being  or  having  been  thereon  during 
the  voyage  or  since  the  arrival  of  any  such  vessel  any  infected  person 
or  articles.  (S.  C.  Sec.  151.) 

§ 352.  Vessels  from  infected  ports j or  liable  to  quarantine;  not  to  he 
brought  within  three  hundred  yards  of  docks  or  piers  unless  permitted. — 
No  master,  charterer,  consignee,  or  other  person  shall  order,  bring, 
or  allow  (having  power  and  authority  to  prevent)  any  vessel  or 
person,  or  article  therefrom,  from  any  infected  port,  or  any  vessel, 
or  person  or  article  therefrom,  liable  to  quarantine,  according  to  the 
ninth  section  of  the  three  hundred  and  fifty-eighth  chapter  of  the 
Laws  of  1863  (or  under  any  other  laws,  and  whether  such  quarantine 
has  been  made  or  suffered  or  not),  to  come  or  be  brought  to  any  point 
nearer  than  three  hundred  yards  from  any  dock,  pier,  or  building, 
in  the  City  of  New  York  without  or  otherwise  than  in  accordance 
with  the  terms  and  conditions  of,  a permit  therefor  issued  by  the 
Board  of  Health.  Nor  shall  any  vessel,  or  person  or  thing  therein 
or  therefrom,  having  been  in  quarantine,  come  or  be  brought  or  be 
permitted  to  remain  within  the  last-named  distance  of  any  last- 


THE  SANITARY  CODE 


427 


named  place,  without  or  otherwise  than  in  accordance  with  the  terms 
and  conditions  of,  a permit  therefor  issued  by  the  said  Board.  (S.  C. 
Sec.  155.) 

§ 353.  Vessels  not  in  quarantine;  duty  of  master ^ chief  officers ^ and  con- 
signee to  make  daily  reports. — The  master,  chief  officer,  and  consignee, 
of  every  vessel  not  being  in  quarantine,  or  within  quarantine  limits, 
but  being  within  one-fourth  of  a mile  of  any  dock,  v/harf,  pier,  or 
building  of  the  City  of  New  York,  shall  daily  report  to  the  Depart- 
ment of  Health,  or  cause  to  be  reported  thereto,  in  writing,  the  par- 
ticulars, and  shall  therein  state  the  name,  disease,  and  condition,  of 
any  person  in  or  on  such  vessel  who  is  sick  of  any  infectious  disease. 
(S.  C.  Sec.  149.) 

§ 354.  Removal  of  persons  sick  of  an  infectious  disease  prohibited. — 
No  person  shall  bring  into  the  City  of  New  York  from  any  infected 
place,  or  land  at  or  take  into  the  said  City  from  any  vessel  lately 
from  an  infected  port,  or  from  any  vessel  or  building  in  which  has 
lately  been  any  person  sick  of  an  infectious  disease,  any  article  or 
person  whatsoever,  nor  shall  any  such  latter  person  land  or  come 
into  said  City,  without  a permit  therefor  issued  by  the  Board  of 
Health  or  otherwise  than  in  accordance  with  the  terms  and  conditions 
of  said  permit;  and  it  shall  be  no  excuse  that  the  person  so  offending, 
or  the  article  involved  in  the  offense,  has  passed  through  quarantine, 
or  that  a permit  therefor  has  been  obtained  from  any  other  source 
than  the  said  Board.  (S.  C.  Sec.  156.) 

§ 355.  Removal  of  persons  and  articles  exposed  to  infectious  dis- 
eases restricted;  permit  required. — No  captain,  officer,  consignee, 
owner,  or  other  person  in  charge  of  any  vessel  (or  having  right  and 
authority  to  prevent)  shall  remove  or  aid  in  removing  from  any 
vessel  to  the  shore  (save  as  legally  authorized  by  the  Health  Officer 
of  the  Port  of  New  York,  and  then  into  quarantine  grounds  and 
buildings  only)  any  person  sick  of,  or  person  that  has  b^een  exposed 
to  and  is  liable  very  soon  to  develop,  any  infectious  disease,  or  so 
remove  or  aid  in  removing  any  articles  that  may  have  been  exposed 
to  the  contagion  of  any  such  disease,  without  or  otherwise  than  in 
accordance  with  the  terms  and  conditions  of  a permit  therefor  issued 
by  the  Board  of  Health.  (S.  C.  Sec.  154.) 

§ 356.  Straw,  bedding,  clothing,  and  other  substances;  not  to  be  cast 
into  public  waters. — No  owner,  part  owner,  charterer,  agent,  or  con- 
signee of  any  vessel,  or  any  officer  or  person  having  charge  or  control 
of  the  same,  shall  cast  or  allow  to  be  cast,  therefrom,  into  any  public 
waters  of  the  City  of  New  York,  any  straw,  bedding,  clothing,  or 
other  substance.  (S.  C.  Sec.  157.) 

§ 357.  Births,  marriages,  and  deaths;  duty  of  officers,  surgeons,  and 
others  to  report. — The  master,  chief  officer,  ship’s  surgeon,  or  the 
company,  corporation,  charterer,  or  person  having  the  management 
and  control,  of  any  vessel  which  shall  arrive  at  the  port  of  New  York 
shall  report,  in  writing,  to  the  Department  of  Health  of  the  City  of 
New  York,  within  three  days  after  the  arrival  of  such  vessel,  the 
death  or  marriage  of  any  resident  of  said  City,  or  the  birth  of  any 
child,  whose  parents  are  residents  or  parent  is  a resident  of  said  City, 
occurring  thereon  at  sea,  and  shall  file  in  the  Bureau  of  Records  of 
said  Department  a transcript  of  the  entry  made  in  the  log  book  of 
such  vessel,  in  respect  to  any  such  death,  marriage,  or  birth.  A 


428 


CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


transcript  of  any  death,  marriage,  or  birth  filed  as  aforesaid  may  be 
issued,  in  the  discretion  of  said  Department,  to  any  person  entitled 
to  receive  the  same.  (S.  C.  Sec.  151a.) 

§ 358.  Discharge  of  cargo  regulated. — No  owner,  agent,  or  consignee, 
of  any  vessel,  or  cargo,  and  no  officer  of  any  vessel  (in  respect  of 
either  of  which  vessel  or  cargo  a permit,  according  to  any  law,  ordi- 
nance, or  regulation  shall  or  should  have  been  obtained  to  pass 
quarantine,  or  to  come  up  to  the  water-front  of  the  City  of  New  York) 
shall  unload,  or  land,  or  cause  to  be  unladen  or  landed,  such  cargo, 
or  any  part  thereof,  at  any  place  in  said  City,  without  or  otherwise 
than  in  accordance  with  the  terms  and  conditions  of  a permit  there- 
for issued  by  the  Board  of  Health.  (S.  C.  Sec.  153.) 

§ 359.  Skins,  hides,  rags,  straw,  bedding,  and  other  articles  and 
materials;  removal  and  distribution  regulated. — No  master,  charterer, 
owner,  part  owner,  or  consignee  of  any  vessel,  or  any  other  person, 
shall  bring  nearer  to  any  dock,  pier,  wharf,  or  building,  than  one 
thousand  feet  therefrom  in  the  City  of  New  York,  or  unload  at  any 
dock,  pier,  wharf,  or  building,  therein,  or  have  on  storage  in  the 
built-up  portions  of  said  City,  any  skins,  hides,  rags,  or  similar  arti- 
cles or  materials  which  have  been  brought  from  any  foreign  country 
or  any  infected  place,  or  from  any  points  south  of  Norfolk,  Virginia, 
without  or  otherwise  than  in  accordance  with  the  terms  and  condi- 
tions of  a permit  therefor  issued  by  the  Board  of  Health,  and  no 
person  shall  sell,  exchange,  remove,  or  in  any  way  expose,  any  straw, 
bedding,  or  other  articles  used  by  immigrants  upon  any  vessel  bring- 
ing immigrants  to  this  port,  until  it  shall  have  been  adequately  and 
properly  cleansed  or  disinfected;  and  all  straw,  bedding,  or  other 
articles  that  have  been  exposed  on  any  vessel  to  the  contagion  or  in- 
fection of  any  infectious  disease,  or  have  been  or  are  liable  to  com- 
municate such  disease,  shall  be  destroyed  by  fire  on  said  vessel. 
(S.  C.  Sec.  152.) 

§ 360.  Houseboats;  the  use  thereof  regulated. — No  houseboat,  while 
used  or  occupied  as  such,  shall  be  moored,  anchored,  or  located  in 
the  waters  of  any  inlet  or  bay  within  the  territorial  limits  of  the  City 
of  New  York,  except  the  upper  or  lower  bay  of  New  York  Harbor, 
without  a permit  therefor  issued  by  the  Board  of  Health  or  otherwise 
than  in  accordance  with  the  terms  of  said  permit  and  with  the  Regu- 
lations of  said  Board;  and  no  person  shall  use  or  occupy  for  living 
purposes  any  such  boat  so  moored,  anchored,  or  located,  unless  a 
permit  for  such  boat  has  been  issued  as  hereinbefore  provided,  or 
then  otherwise  than  in  accordance  with  the  terms  of  said  permit  and 
the  Regulations  of  said  Board.  (S.  C.  Sec.  157a.) 

§ 361.  Boats  and  other  water  craft;  loud  and  explosive  noises  prO'- 
hibited. — All  boats  or  other  water  craft  plying  on  any  of  the  waters 
of  or  adjacent  to  the  City  of  New  York,  equipped  with  a gasoline  or 
other  internal  combustion  engine  in  which  a gas  is  generated  or  used 
for  purposes  of  propulsion,  shall  be  construed  so  that  the  exhaust 
from  such  engine  is  made  to  discharge  into  a muffler  or  other  device 
which  will  prevent  loud  or  explosive  noises  occurring  on  or  about 
any  such  boat  or  craft;  and  no  person  having  the  management  and 
control  of  any  such  boat  or  craft,  or  operating  the  engine  thereon, 
shall  cause,  permit,  suffer,  or  allow  the  exhaust  from  such  engine 
to  discharge  into  the  open  air,  or  otherwise  than  into  a muffler  or 


THE  SANITARY  CODE 


429 

other  device  which  will  prevent  loud  or  explosive  noises  occurring 
on  or  about  any  such  boat  or  craft.  (S.  C.  Sec.  188.) 

§ 362.  Duties  of  keepers,  lessees,  tenants,  and  owners  of  hoarding- 
houses  and  lodging-houses. — The  keepers,  lessees,  tenants,  and  owners 
of  every  boarding-house  and  lodging-house  shall  forthwith  notify 
the  Department  of  Health  of  the  fact  of  any  seafaring  man,  or  person 
coming  lately  from  any  vessel,  being  taken  sick  at  such  house,  and 
shall,  at  the  same  time,  inform  the  said  Department  of  the  premises 
where  such  sick  person  may  be  found,  and  of  the  name  of  the  vessel 
from  which  and  the  time  when  such  person  came,  to  the  best  of  the 
knowledge  of  the  person  or  persons  giving  such  notice  and  informa- 
tion. (S.  C.  Sec.  150.) 

The  Sanitary  Code  of  the  Board  of  Health  of  the  Department  of 
Health  of  the  City  of  New  York,  revised  and  amended  by  the  said 
Board  and  filed,  as  thus  revised  and  amended,  with  the  City  Clerk 
of  the  City  of  New  York,  pursuant  to  the  provisions  of  Section  1172 
of  the  Greater  New  York  Charter. 

Revised  and  amended  December  31st,  1914. 

Filed,  as  thus  revised  and  amended,  with  the  City  Clerk  Apr.  9,  ^15. 

Notes. — Pleading,  evidence. — The  Sanitary  Code,  like  all  ordinances,  must  be 
pleaded  and  proved  as  a matter  of  fact  to  be  used  in  evidence.  The  court  will 
not  take  judicial  notice  of  ordinances.  Boston  v.  Abraham,  91  App.  Div.  417; 
City  of  New  York  v.  Knickerbocker  Trust  Co.,  104  App.  Div.  223;  Met.  Milk  Co. 
V.  City  of  N.  Y.,  98  N.  Y.  Supp.  894;  113  App.  Div.  377;  186  N.  Y.  533;  Dept,  of 
Health  v.  City  R.  E.  Invest.  Co.,  86  N.  Y.  Supp.  18. 

Abating  nuisance. — Sec.  1179,  L.  1901,  ch.  466,  gives  Board  of  Health  power  to 
abate  any  building  which  it  deems  a nuisance,  and  sec.  1300  prescribes  the  pro- 
cedure. The  right  to  destroy  a building  summarily  is,  if  granted  by  statute,  valid. 
Egan  V.  Health  Dept.,  9 App.  Div.  431 ; Van  Wormer  v.  Mayor  of  Albany,  15  Wend. 
262;  Cartwright  v.  City  of  Cohoes,  39  App.  Div.  69;  Smith  v.  Irish,  37  App.  Div. 
220;  but  the  necessity  for  such  an  abatement  is  a question  of  fact  which  will  be 
reviewed  by  the  courts.  Health  Dept.  v.  Dassori,  159  N.  Y.  245;  People  ex  rel. 
Copcutt  V.  Board  of  Health  of  Yonkers,  140  N.  Y.  1.  As  to  powers  of  board,  see 
People  ex  rel.  Savage  v.  Board  of  Health,  33  Barb.  344.  An  order  abating  a nui- 
sance must  be  specific.  Rogers  v.  Baker,  31  Barb.  447.  Such  an  order  is  in  its 
nature  judicial  and  prima  facie,  is  deemed  just  and  legal,  but  is  not  conclusive. 
Golden  v.  Health  Dept,  of  N.  Y.,  21  App.  Div.  420;  Village  of  Flushing  v.  Carraher, 
87  Hun,  63.  And  while  a board  may  abate  a nuisance,  it  cannot  erect  anything 
new  which  is  not  necessary  to  abate.  Haag  v.  City  of  Mt.  Vernon,  41  App.  Div.  366. 

Constitutional. — See  notes  before  Art.  1,  supra.  A law  to  preserve  the  public 
health  may  be  constitutional  even  though  it  require  expenses  of  a citizen  coming 
within  its  provisions  without  previous  notice  and  a hearing.  Eckhardt  v.  City 
of  Buffalo,  19  App.  Div.  1. 

Liability  of  health  officers. — As  to  liabilities  of  health  oflScers  in  destroying  prop- 
erty for  rights  and  remedies,  see  Sbarboro  v.  Health  Dept,  of  N.  Y.,  26  App.  Div.  177; 
Golden  v.  Health  Dept,  of  N.  Y.,  21  App.  Div.  420;  Underwood  v.  Green,  42  N.  Y. 
140;  Egan  v.  Health  Dept,  of  N.  Y.,  9 App.  Div.  431.  Members  of  Board  of  Health 
are  administrative  and  not  judicial  oflScers.  People  ex  rel.  Lodes  v.  Dept.  Health, 
189  N.  Y.  187. 

Injunctions. — Injunctions  may  be  given  health  authorities.  Yonkers  v.  Cop- 
cutt, 140  N.  Y.  12;  Gould  v.  Rochester,  105  N.  Y.  46;  Green  Island  v.  Magill,  17 
App.  Div.  249;  N.  Y.  Health  v.  Purdon,  99  N.  Y.  237;  N.  Y.  Health  v.  Labor, 
38  Hun,  542. 


430  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

CROSS-REFERENCES 

Notes 


Building  code,  authorized 45 

Code  ordinances,  adoption 7,  360 

former  repealed 360 

Encroachments  and  obstructions  in  streets: 

areas 315 

awnings 289 

bay-windows 319 

general 302 

ornamental  projections 319 

removal 309 

show-cases 306 

stands  within  stoop  line 308 

vaults 329 

Evidence,  ordinances  must  be  pleaded 360,  429 

Explosives  regulations,  authorized 161 

Injunctions,  see  separate  heads  and 303,  306 

Mandamus,  see  separate  heads  and . . 303,  306 

Ordinances,  construction 361 

validity 360 

Park  regulations,  authorized . 261 

Police  power.  (See  separate  heads.) 

general  cases 361 

Sanitary  Code 366 

signs ! 325 

Sanitary  Code,  authorized 365 

penalties * 365 

Traffic  regulations,  authorized 333 


LAWS  NOT  INCLUDED 

This  volume  contains  only  the  Code  of  Ordinances  relating  to  the 
City  of  New  York.  For  the  following  matters: 

Auctioneer,  forfeiture  license,  see Penal  Law,  § 943 

Auctioneer,  general  provisions,  see N.  Y.  City  Charter,  § 34 

Bakeries  and  confectioneries,  see Labor  Law,  Art.  8 

Blind  adults  may  sell  newsp.,  use  mus.  inst.,  see . Gen.  City  Law,  § 10 

Dancing  Academies,  see N.  Y.  City  Ch.,  am.  L.  1910,  ch.  547 

Departmental  Rules,  see . . Individual  departments 

Dogs,  see County  Law,  Art.  7 

Employment  Agencies,  see Gen.  Business  Law,  §§  170-180 

Employment  women  mercant.  act,  see Labor  Law,  Art.  11 

Employment  children  street  trades,  see Labor  Law,  Art.  15 

Factories,  see Labor  Law,  Art.  6 

Farm  produce,  peddling  in  cities,  see Gen.  Municipal  Law,  § 81 

Fire-arms,  carrying  of,  see L.  1914,  ch.  460;  Penal  Law,  § 1897 

Fire-Prevention,  see..  .N.  Y.  City  Charter,  am.  L.  1911,  ch.  899;  L. 

1912,  ch.  458;  L.  1913,  ch.  695;  L.  1914,  ch.  459,  495 
Junk  dealers,  see Gen.  Business  Law,  §§  60-64 


LAWS  NOT  INCLUDED 


431 


Marriage  licenses,  see Domestic  Relation  Law,  §§  13-25 

Motion  picture  operator's  license,  see..  § 529a  Charter  as  am.  by 

L.  1910,  ch.  654 

New  York  City  Charter.  L.  1897,  ch.  378,  Rev.  L.  1901,  ch.  466, 

as  amend. 

Pawnbrokers,  see Gen.  Bus.  Law,  §§  40-52;  Penal  Law,  § 1590 

Peddlers,  see Gen.  Business  Law,  §§  30-36 

Private  Detectives,  see Gen.  Business  Law,  §§  70-75 

Tenement  House  Law,  see ch.  61,  Consolidated  Laws  as  amend. 

Tenement  made  articles,  see Labor  Law,  Art.  7 

Weights  and  Measures  (State  Law),  see . Gen.  Business  Law,  §§  2-17 


INDEX 


(See  Cross-References,  ante,  for  Notes  and  matters  not  in  the  Code  of 
Ordinances.) 


Advertisements,  misleading  forbidden 

placards  and  posters,  article  2 

SECTION. 

1 

CH. 

27 

23 

PAGE. 

356 

287 

Advertising  vehicles 

30 

24 

340 

Ammunition.  (See  Explosives.) 
Amusements  and  exhibitions.  (See  Motion 
Pictures.) 

licenses  required 

1 

3 

30 

fees  for 

2-3 

3 

30 

revocation 

4 

3 

31 

unlicensed  performances  enjoined 

5 

3 

31 

amateurs  and  charitable  excepted . 

6 

3 

32 

places  of,  exit  requirements 

7 

3 

32 

fire  prevention 

8 

3 

32 

obstruction  of  aisles 

9 

3 

32 

sale  of  liquor 

11 

3 

34 

Sunday  observance 

10 

3 

33 

ticket  speculation 

12 

3 

35 

violations 

13 

3 

35 

Animals.  (See  Sanitary  Code.) 

general  provisions 

2 

27 

356 

Apartment  houses.  (See  Fire  Prevention.) 
Areas.  (See  Streets.) 

Asylums.  (See  Fire  Prevention.) 

Auctions  in  streets 

30 

23 

288 

Automobiles.  (See  Traffic  Regulations, 
Parks.) 

Awnings,  article  5 

23 

289 

B 

Balustrades.  (See  Streets,  projections.) 

Barber  poles 

Bathing  in  public 

Bay  windows 

Beils.  (See  Traffic  Regulations.) 

Billiard  and  pool  tables,  article  2 

Board  meetings  to  be  open  to  public .... 
Boarding  houses.  (See  Fire  Prevention.) 

Boilers  in  vessels,  tested  by  police 

28  433 


145  23 
3 27 
163  23 

14 
9 1 

1 18 


305 

357 

316 

230 

11 

270 


434 


INDEX 


SECTION.  CH.  PAGE. 

Bonds  of  city  officers 270  2 29 

Borough  president: 

accounts 201  2 23 

payment  bills 200  2 23 

permits 203  2 24 

receipts,  disposition 202  2 23 

reports 204  2 24 

jurisdiction.  (See  separate  headings 
under  ^‘Streets”.) 

city  surveyors,  article  10 2 25 

contracts,  article  2 2 15 

permits 203  2 24 

public  improvements 61  2 16 

sewers  and  drains 1-24  21  275 

street  cleaning 1-24  22  279 

requirements: 

accounts 201  2 23 

payment  of  bills 200  2 23 

receipts,  disposition 202  2 23 

reports 204  2 24 

Bowling  alleys 30  14  230 

Bread,  baking  and  sale 30  26  354 

Bridges: 

names  of 1 4 42 

speed  of  vehicles  on 2 4 44 

Broadway,  projections  thereon  forbidden  . . 160  23  314 

Building  materials  not  to  obstruct  streets . . 140-142  23  302 

Building  Code: 

actions,  article  32 5 136 

aisles  and  passageways.  (See  Theatres.) 

alterations  must  be  approved 3 5 48 

altering  buildings,  article  30 5 130 

apartment  house  defined 2 5 47 

fireproofing 440-1  5 103 

areas 450  5 108 

area  of  lots  built  over 2 5 47 

basement  entrances  in  dwelling  houses . 151  5 66 

bay  windows 449  5 108 

beams.  (See  Iron  or  Steel.) 

wooden 282  5 84 

biU  boards 470  5 108 

bofiers 397  5 101 

brick 20  5 50 

buildings,  safeguards  during  construc- 
tion . 193  5 68 

bulkheads  and  scuttles 423  5 104 

cast  iron.  (See  Iron.) 

cellars 442  5 107 

cement 22  5 50 

chimneys  and  fluas 390-393  5 98 

churches 490  5 112 


INDEX 


435 


Building  Code — Continued : 

SECTION. 

CH. 

PAGE. 

columns  and  compression  members. . . . 

51 

5 

52 

compression  members,  columns  and . . . 

51 

5 

52 

concrete 

24 

5 

50 

construction,  safeguards  during,  ar- 

tide  10 

5 

67 

cornices  and  gutter 

422 

5 

104 

curtain  walls.  (See  Walls.) 

dangerous  buildings,  article  31 

5 

131 

definitions 

2 

5 

46 

demolishing  buildings 

624 

5 

131 

doors,  and  shutters,  fireproof 

375 

5 

97 

drainage,  article  29 

5 

128 

dwelling-house 

443 

5 

107 

defined 

2 

5 

47 

fireproofing 

441 

5 

106 

partitions 

443 

5 

107 

employees  have  right  to  enter  buildings 

5 

5 

49 

elevators,  article  27 

560 

5 

126 

excavations 

230 

5 

71 

factory  area  restriction 

370 

5 

95 

fallen  buildings 

638 

5 

134 

fences 

470 

5 

108 

fire  appliances,  article  28 

580 

5 

127 

fire  escapes 

152 

5 

66 

fire  limits.  (See  Frame  Constructions.) 

Manhattan  (subd.  1) 

90 

5 

58 

Bronx  (subd.  2) 

90 

5 

59 

Brooklyn  (subd.  3) 

90, 95 

5 

60 

Queens  (subd.  4) 

90 

5 

61 

suburban  limits 

91 

5 

62 

enlarging  buildings 

92 

5 

64 

repairing  buildings  within 

93 

5 

64 

moving  buildings  within 

94 

5 

64 

buildings  in  construction  within. . . 

95 

5 

65 

frame  buildings  permitted 

96 

5 

65 

fireproof  construction,  article  17 ......  . 

350 

5 

91 

buildings  over  150  ft.  high 

351 

5 

92 

floors 

352 

5 

92 

fire  walls  and  shafts,  article  18 

5 

94 

floors,  fireproof 

352 

5 

92 

floor  lights 

446 

5 

107 

floor  loads 

55 

5 

56 

flues 

393 

5 

99 

foundations,  generally 

232 

5 

72 

foundation  walls  defined 

2 

5 

47 

foundation  walls 

234 

5 

73 

frame  constructions,  article  22 

470 

5 

108 

furnaces  and  boilers 

397 

5 

101 

gas  appliances 

448 

5 

108 

grain  elevators 

551 

5 

126 

gutters  and  cornices 

422 

5 

104 

• heights  of  buildings  defined 

2 

5 

47 

43b 


INDEX 


Building  Code — Continued : 

hot-air  heating 

hotel  defined 

fireproof 

iron: 

cast 

wrought 

iron  or  steel  construction,  article  15 . . . 

bolting 

cast-iron  columns 

columns  of  steel  or  wrought  iron . . 

double  columns.  . : 

floor  and  roof  beams 

framing  and  connecting 

girders 

joint  plates 

lintels 

party  wall  posts 

plates  under  lintels 

rivetting 

trusses 

leaders,  and  roofing 

live  loads 

mansard  roofs 


SECTION.  CH. 

395  5 

2 5 

350  5 

25  5 

25  5 

300  5 

312  5 

301  5 

302  5 

303  5 

309  5 

311  5 

306  5 

304  5 

307  5 

305  5 

308  5 

313  5 

310  5 

421  5 

54  5 

420  5 


masonry.  (See  Walls,  Article  13,  Chap- 


ter 5.) 

masonry-work,  safe  loads  for 52  5 

materials;  different  kind,  article  2 5 

strength  of 50  5 

mortar 23  5 

motion-picture  theatres,  article  24 5 

office  building  defined 2 5 

orders,  article  32 5 

partition  fences  and  walls,  article  11. . . 210-215  5 

penalties 654  5 

perforated  pipes 582  5 

pile  foundations 233  5 

pipes 447  5 

plans  and  specifications: 

to  be  filed 3 5 

must  be  approved  (subd.  5) 3 5 

plumbing,  article  29 600  5 

pressure  under  footings 237  5 

private  dwelling  defined 2 5 


protection  during  construction — article 


10 5 

protection  for  public  in  certain  buildings  490-493  5 

public,  protection  for,  in  certain  build- 
ings   490-493  5 

ranges  and  stoves 399  5 

remedies,  article  32 5 

repairs,  when  ordinary  are  excepted ...  35 

retaining  walls,  article  11 211  5 


PAGE. 

100 

47 

91 

50 

50 

85 
90 

86 
87 

87 

88 
90 
88 
88 
88 
88 
88 
90 
89 

103 

56 

103 


53 

49 
51 

50 
113 

47 
136 

69 

140 

127 

73 
107 

48 
48 

128 

74 

47 

67 

112 

112 

102 

136 

48 
69 


INDEX 


437 


Building  Code — Continued : 

SECTION. 

CH. 

PAGE. 

roofing  and  leaders 

421 

5 

103 

sand 

21 

5 

50 

safeguards  during  construction,  ar- 

tide  10 

5 

67 

scaffolding 

191 

5 

67 

shafts: 

light  and  vent 

371 

5 

95 

elevator 

372 

5 

95 

how  protected 

373 

5 

96 

dumbwaiter 

374 

5 

96 

schools,  to  be  fireproof 

350 

5 

91 

sheds  over  sidewalk 

190 

5 

67 

shutters  and  doors,  fireproof 

375 

5 

97 

sign-boards 

470 

5 

108 

sky-lights 

424 

5 

104 

sky-signs 

470 

5 

108 

smoke  houses 

552 

5 

126 

smoke-pipes 

394 

5 

99 

stairways,  requirements  of,  in  certain 

buildings 

150 

5 

65 

standpipes 

581 

5 

127 

steam  or  hot  water  pipes 

398 

5 

102 

steel: 

cast 

25 

5 

50 

structural 

25 

5 

50 

steel,  or  iron,  construction,  article  15 . . 

5 

85 

store  area  restriction 

370 

5 

95 

tanks 

425 

5 

104 

temporary  supports 

56 

5 

57 

tenement-houses,  fireproofing 

440-1 

5 

105 

tests  of  new  materials 

27 

5 

51 

theatres,  article  25 

5 

117 

theatres,  motion-picture,  article  24 ...  . 

5 

113 

timber 

26 

5 

51 

timber  construction,  article  14 

5 

83 

treads  in  7 story  buildings 

150 

5 

65 

unsafe  buildings,  article  31 

5 

131 

vaults  under  sidewalk 

451 

5 

108 

vent  flues 

396 

5 

101 

violations,  article  32 

5 

136 

walls,  how  constructed,  article  13 

250 

5 

75 

dwelling  houses 

251 

5 

76 

warehouses 

252 

5 

78 

bearing 

254 

5 

80 

curtain 

255 

5 

80 

interior 

260 

5 

81 

partition 

260 

5 

81 

party 

257 

5 

80 

rules  for  tieing,  lining,  recesses. 

arches 

262-268 

5 

81 

wind  pressure 

57 

5 

58 

windows  during  construction 

192 

5 

68 

438 


INDEX 


Building  Code — Continued:  section,  ch. 

wood  construction,  article  14 5 

working  stresses 53  5 

Bureau  of  Weights  and  Measures,  art.  1 . . . 26 


PAGE. 

49 

53 

350 


C 


Cabs.  (See  Hacks.) 

Cellar  doors  and  steps.  (See  Streets.) 

Charities  (public)  : 

institutions,  admission  to 1 6 

libraries 3 6 

inmates,  classification 2 6 

employment  and  discipline 4 6 

instruction 2 6 

Chauffeurs.  (See  Hacks.) 

Chimney  fires 29  12 

City  debt,  regulations,  article  1 2 

City  flag 11  1 

amendment 

City  Magistrates^  Courts 4 27 

City  marshal: 

badges  of 230  2 

impersonating  forbidden 231-2  2 

City  officers^  bonds 270  2 

City  surveyors,  rules  and  regulations 240-244  2 

Coal  and  coke,  sale  and  delivery  of 31  26 

Commissioner,  acting,  may  be  appointed. . . 7 1 

Common  shows,  regulations  concerning ....  60-62  3 

Comptroller,  custodian  certain  papers 170  2 

Contracts  for  work  or  supplies  for  city: 

general  provisions 60  2 

borough  improvements 61  2 

plans  and  surveys 62  2 

proposals  for  estimates  to  be  issued. ...  63  2 

form 64  2 

estimates : 

contents 65  2 

‘^estimate  box 66  2 

execution 65  2 

opening 66  2 

samples 67  2 

contract: 

award. 66  2 

bond 72  2 

execution 72  3 

filing  with  comptroller 61  2 

extra  work 77  2 

indemnity  clause 71  2 

payments: 

general 73  2 

in  installments 68  2 

certificate  of  amount  due 74  2 


142 

142 

142 

142 

142 

224 

12 

11 

363 

358 

24 

25 
29 
25 

354 

10 

41 

23 

16 

16 

16 

16 

16 

17 

17 

17 

17 

17 

17 

18 
18 
16 
20 
18 

19 

18 

19 


INDEX 


439 


Contracts  for  work,  etc.,  payments — Con. : 

SECTION. 

CH. 

PAGE. 

delayed 

78 

2 

20 

inspection  (assessment  work) 

75 

2 

20 

inspector  and  surveyor’s  affidavits . 

76 

2 

20 

security  for 

68 

2 

18 

non-performance  of 

72 

2 

18 

protection  against  accidents 

70 

2 

18 

reletting 

72 

2 

18 

report  of  outstanding 

79 

2 

20 

snow  removal,  pay  of  workmen 

Corrections,  department  of 

71 

2 

18 

1-7 

7 

144 

Corporation  counsel,  article  8 

2 

24 

Courtyards.  (See  Streets.) 


D 


Dealers  in  second-hand  articles,  article  4 . . . 

14 

231 

Definitions 

1 

1 

8 

Department,  acting  head  may  be  designated 

7 

1 

10 

Department  of  Charities,  general  provisions 

1-4 

6 

142 

Department  of  Corrections,  general  provi- 
sions   

1-7 

7 

144 

Department  of  Docks  and  Ferries,  general 
provisions 

8 

147 

Department  of  Parks,  general  provisions . . . 

17 

261 

Dirt  carts,  article  5 

14 

235 

Docks,  ferries  and  harbor  control: 

cargoes,  rules  and  regulations 

60-64 

8 

155 

definitions 

1 

8 

147 

protection  of  navigation: 

dredging 

50 

8 

153 

dumping 

122 

8 

159 

obstructions 

120, 121 

8 

159 

removal  of  refuse  from  vessels 

123 

8 

160 

water-front  property: 
apportionment: 

canal  boats 

13 

8 

148 

city  purposes,  generally 

10 

8 

147 

floating  baths 

11 

8 

147 

garden  produce 

14 

8 

148 

oyster  and  other  shell  fish 

15 

8 

149 

recreation  piers 

12 

8 

148 

improvement: 

general  provisions 

30 

8 

150 

floating  docks 

34 

8 

152 

opening  pavements  . 

33 

8 

151 

platforms  for  fish 
trade 

32 

8 

151 

sheds  on  piers 

31 

8 

150 

violations 

35 

8 

152 

maintenance: 

cleaning,  dredging  and 
repairing 

50 

8 

153 

440 


INDEX 


Docks,  ferries  and  harbor  control — Con.:  section,  ch. 

incumbrances  and  ob- 
structions: 

removal 54  8 

sale 55  8 

storage 53  8 

vehicles 56  8 

violations 57  8 

overloading  with  cargo. . . 51  8 

obstructions 52  8 

wharfage,  rules  and  regulations . . . 80-90  8 

Dog-stealing  forbidden 2 27 

Drains.  (See  Sewers.) 

£ 

Electric  signs,  general  provisions 215  23 

Elevated  railroads.  (See  Railroads.) 

Employees  of  city,  hours  of 8 1 • 

Employees.  (See  Officers  and  Employees 
of  City.) 

Employment  bureau,  public,  article  12 2 

Encroachments  and  projections.  (See 
Streets.) 

Encroachments  on  park-streets 60-62  17 

Excavations,  article  9 23 

Explosives: 

alcohols,  article  21 10 

ammunition,  article  5 10 

blasting,  article  4 10 

bonds,  article  3 10 

calcium  carbide,  article  16 10 

certificates,  article  2 10 

chemical  supply-houses,  article  24 10 

combustible  mixtures,  article  10 10 

definitions 1 10 

drug-stores,  retail,  article  25 10 

drug'-stores,  wholesale,  article  24 10 

dry-cleaning,  article  12 10 

dyeing  establishment,  article  12 10 

explosives,  regulations,  article  4 10 

fees,  article  3 10 

fireworks,  article  6 10 

garages,  article  11 10 

gases  under  pressure,  article  17 10 

general  provisions,  article  1 10 

inflammable  mixtures,  article  9 10 

kerosene  oil,  article  8 10 

liquors,  distilled,  article  21 10 

matches,  article  7 10 

motion  picture  films,  article  20 10 

nitro-cellulose,  article  18 10 

oils  and  fats,  article  22 10 

oils  (mineral),  article  8 10 


PAGE. 


154 

154 

154 

155 

155 
153 
153 

156 
356 


327 

11 


27 


267 

294 

205 

179 
171 
168 

199 
166 
207 

192 
162 
212 
207 
196 
196 
171 
168 

180 

193 

200 
162 
189 
186 

205 
184 
204 
202 

206 
186 


INDSX 


441 


Explosives — Continued : 

paints,  article  15 

permits,  article  2 

petroleum,  article  8 

powder,  article  4 

sponging,  article  14 

storage.  (See  separate  heads.) 
technical  establishments,  article  23 ...  . 
transportation.  (See  separate  heads.) 

violations 

Expresses  and  expressmen: 

charges 

defined 

license  fee 

licensed  drivers  required 

proprietor's  bond 

Exterior  hoists,  article  7 


F 

Fifth  Avenue,  street  restrictions 

Films  for  motion  pictures.  (See  Explosives.) 

Fine  for  all  violations 

Fire-arms: 

cannon  firing,  regulated 

carrying  or  keeping  pistols,  permits. . . . 
discharging  guns,  prohibited  generally . 

where  permitted 

sale  of  toy-pistols  prohibited 

violations 

Fire  extinction: 

fire-alarm  telegraph 

fire  hose 

fire  hydrants 

harbor  fires 

idlers  at  fires 

street  fires,  permits  required 

violations 

Fire  extinguishing  appliances.  (See  Fire 
Prevention.) 

Fire  prevention.  (See  Building  Code; 

Amusements  Ch.  3.) 

appliances  where  required 

ashes 

barns  and  stables 

chimneys  and  flues 

diagrams  of  exits 

fire  drills  in  schools 

lights 

smoking,  where  forbidden 

storage  combustible  fibre 

wooden  packing  boxes 

watchmen  in  certain  buildings 

violations 


SECTION. 

CH. 

PAGE. 

10 

199 

10 

166 

10 

186 

10 

171 

10 

198 

10 

206 

300 

10 

215 

64 

14 

233 

60 

14 

232 

61 

14 

233 

62 

14 

233 

63 

14 

233 

14 

233 

61 

17 

267 

10 

27 

359 

4 

11 

218 

1 

11 

216 

2 

11 

216 

2 

11 

216 

3 

11 

218 

5 

11 

218 

5 

12 

220 

3 

12 

220 

4 

12 

220 

1 

12 

219 

2 

12 

220 

6 

12 

221 

7 

12 

221 

20, 21 

12 

222 

28 

12 

224 

27 

12 

224 

29 

12 

224 

21 

12 

222 

22 

12 

223 

23 

12 

223 

26 

12 

224 

24 

12 

223 

25 

12 

224 

21 

12 

222 

30 

12 

224 

442 


INDBX 


SECTION.  CH.  PAGE. 

Plrewood,  sale  of 32  26  355 

Fireworks.  (See  Explosives.) 

Flags  in  city  hall 11  1 11 

Floating-baths 3 27  357 

Flower-pots,  prohibited  on  window  ledges . . 250  23  331 

Food.  (See  Sanitary  Code.) 

G 

Garages.  (See  Explosives.) 

Guards  necessary  for  excavations 3 23  285 

H 

Hacks,  cabs,  taxicabs  and  sight-seeing  cars: 

defined,  respectively 80  14  234 

commissioner  of  licenses  controls 82  14  235 

drivers^  licenses: 

application 90  14  237 

applicant's  photograph 92  14  238 

examination 91  14  238 

fee 96  14  239 

form  and  term 93  14  238 

record 98  14  239 

renewal 95  14  239 

revocation 98  14  239 

suspension 98  14  239 

licensed  driver^s  badge 94  14  238 

licensed  vehicles,  inspection 88  14  237 

licenses  for  vehicles: 

application 83  14  235 

fees 86  14  236 

inspection 84  14  236 

license  card  and  plate 85  14  236 

register 87  14  237 

revocation 89  14  237 

suspension 89  14  237 

passengers^  property  found  in,  disposi- 
tion  107  14  243 

public  garage 108  14  243 

rates  of  fare: 

generally 102  14  241 

overcharge 105  14  242 

prepayment 103  14  242 

settlement  of  disputed 104  14  242 

taximeters 101  14  240 

soliciting  passengers, ‘‘cruising^ ^ 106  14  242 

stands: 

designation 99  14  239 

former,  abolished 99  14  239 

regulation  of  hacks  at 100  14  240 

taximeters,  requirements  as  to 101  14  240 

violations;  punishment 109  14  243 


INDBX 


443 


Hand  organs:  section,  ch.  page. 

must  be  licensed 170  14  250 

restrictions  as  to  operation 171  14  239 

Health.  (See  Sanitary  Code.) 

Hospitals: 

patients  in  emergency  cases 1 13  226 

incurable 2 13  226 

insane 3 13  226 

non-resident 4 13  226 

Hydrants.  (See  Water  Supply.) 

I 

Ice,  to  be  sold  by  weight 33  26  355 

Incumbrances  and  obstructions.  (See 
Streets.) 

j 

Junk  dealers,  article  9 14  244 

Juror’s  fees 5 27  358 

L 

Lamp-posts,  erection  of  ornamental 145  23  305 

Letter-boxes 6 27  358 

Licenses: 

amusements  and  exhibitions: 

common  shows 60-62  3 41 

motion  pictures 30-44  3 36-41 

theatres,  etc 1-13  3 30-35 

business: 

billiard  and  pool  tables,  article  2 . . 14  230 

bowling  alleys,  article  3 14  230 

dealers  in  second-hand  articles, 

article  4 14  231 

dirt  carts,  article  5 14  232 

express  and  expressmen,  article  6. . 14  232 

exterior  hoists,  article  7 14  233 

hacks,  cabs  and  taxicabs,  article  8.  14  234 

junk  dealers,  article  9 14  244 

peddlers,  hawkers  and  venders, 

article  10 14  245 

public  carts  and  cartmen,  article  11  14  246 

public  porters,  article  12 14  248 

shooting  galleries,  article  13 14  250 

street  musicians,  article  14 14  250 

weighers  of  hay,  article  15 14  251 

rules  and  regulations,  article  1 14  227 

charges 5 14  229 

issue 3 14  228 

suspension 5 14  229 

Lights,  fixed  in  streets,  article  11 23  299 

Lights  necessary  for  excavations 3 23  285 


444 


INDEX 


M 

Markets  (public): 

general  provisions,  article  1 

location,  article  2 . 

farmer  and  market  gardens,  article  3 . . 
Mayor,  may  reward  apprehension  criminals 

Monuments,  article  6 

Motion  pictures.  (See  Building  Code.) 

defined 

operators  of  machines 

private  exhibitions 

theatres,  to  be  hcensed 

exits  and  aisles 

films. 

fire  appliances 

heating 

lighting 

public  morals 

sanitation 

ventilating 

violations 

Motion  picture  films.  (See  Explosives.) 
Motor  vehicles.  (See  Traffic  Regulations, 
Parks.) 

Municipal  explosive  regulations.  (See  Ex- 
plosives.) 

N 

Navigation.  (See  Docks.) 

Noises.  (See  Sanitary  Code.) 

generally 

hand  organs 

hospital  streets 

itinerant  musicians 

junkmen 

peddlers,  hawkers  and  venders 

rattling  metal 

school  streets 

showmen 

Numbering  houses,  article  10 


SECTION.  CH. 

15 

15 

15 

130  2" 

23 

30  3 

43  3 

42  3 

31-33  3 

34  3 

35  3 

36  3 

37  3 

38  3 

41  3 

40  3 

39  3 

44  3 


130  23 

170  14 

131  23 

171  14 

134  23 
133  23 

135  23 

132  23 

136  23 
23 


O 

Obstructions  and  incumbrances.  (See 


Streets.) 

Office-hours  of  city  employees 8 1 

Officers  and  employees  of  city : 

hours  of  service,  July  and  August 3 16 

must  be  residents 1 16 

reinstatement,  fire  and  police:  depart- 
ments   10  16 

vacations,  salaried  employees 2 16 

per  diem  employees 2 16 


PAGE. 

253 

254 
257 

22 

291 

36 

40 
39 

36 

37 
37 

37 

38 

38 

39 
39 
38 

41 


300 

250 

300 

251 

301 
301 
301 

300 

301 
298 


10 

260 

259 

260 

259 

260 


INDEX 


445 


SECTION.  CH.  PAGE. 

Ordinances,  proposed,  to  be  printed 5 1 9 

adopted,  to  be  printed 5 1 10 

Organ  grinders 170  14  250 

Ornamental  projections 166  23  319 

P 

Packing  boxes,  permits  to  store  required ...  25  12  224 

Parks: 

botanical  gardens 71  17  269 

building  and  other  projections  in,  arti- 
cle 3 17  267 

general  provisions,  article  1 17  261 

traffic  regulations,  article  2 17  264 

trees  in  streets 70  17  269 

violations 72  17  269 

Park-streets,  projections  upon  article  3 . . . . 17  267 

Pavements  to  be  repaired 181  23  322 

Paving  sidewalks,  article  15  23  321 

Peddlers,  hawkers  and  venders,  article  10  . . 14  245 

not  to  make  noises 133  23  301 

traffic  regulations 13  24  336 

Penalty,  fine  for  all  violations 10  27  359 

Pistols  or  revolvers.  (See  Fire-Arms.) 

Pool,  billiard  and,  tables,  article  2 14  230 

Porches.  (See  Streets.) 

Porters.  (See  Public  Porters.) 

Posts  and  poles 145  23  305 

Poultry  for  sale 34  26  355 

Projections  and  encroachments.  (See 
Streets.) 

Projections  on  park-streets 60-62  17  267 

Public  administrator,  article  11 2 27 

Public  carts  and  cartmen,  article  11 14  246 

Public  employment  bureau,  article  12 2 27 

Public  markets.  (See  Markets.) 

Public  porters,  article  12 14  248 

Q 

Queens,  county  clerk^s  fees 78  27  358 

R 

Railroads.  (See  Sanitary  Code.) 

elevated  not  to  drop  articles 1 19  271 

grade  crossings: 

Bronx 32  19  273 

Brooklyn 32  19  273 

closed  gates 32  19  273 

Long  Island  railroad 31  19  273 

Park  Avenue  tunnel 30  19  273 

street  * 

. head-lights  required 10  19  217 


446 


1MD£X 


Railroads,  street — Continued:  section,  ch. 

licenses.... 11  19 

transfers  to  car  ahead 12  19 

streets  not  to  be  blocked  by  trunk-line 

road 33  19 

violations 34  19 

Real  estate  of  city,  article  3 2 

Real  property,  defined 1 1 

Refuse  and  rubbish,  article  2 22 

Repeal  of  existing  ordinances 1 28 

Riverside  Drive,  street  restrictions 62  17 

Rubbish  and  refuse,  article  2 22 

Rules  of  the  Road.  (See  Traffic  Regula- 
tions.) 

S 


Safeguards.  (See  Fire  Prevention;  Traffic 


Regulations.) 

Sanitary  Code: 

adulterated  food,  sale  forbidden 139  20 

animals: 

cattle,  care  of 14, 15  20 

contagious  diseases 4 20 

cows,  care  of 12, 13  20 

dead 9 20 

dogs,  to  be  muzzled 17  20 

fowls  (live) 19  20 

glanders,  farcy 2, 3 20 

horses,  cattle,  etc.,  yarding  of 11  20 

pigeons 20  20 

rabid  and  vicious 10  20 

sale  of  small 18  20 

shelter  for  homeless 16  20 

sick  and  injured 5~8  20 

bakeries,  defined 1 20 

barber  shops  regulated 335  20 

bathing,  establishments  and  ocean 340,  341  20 

bichloride  of  mercury,  sale  regulated. . . 125  20 

births  to  be  reported 31,  33  20 

boarding  house,  defined 1 20 

buildings: 

dangerous  conditions  to  health. ...  52,  53  20 

dwellings 54  20 

lodging-houses  not  to  be  over- 
crowded   56  20 

responsibility  of  owner,  lessee,  etc.  51  20 

roof  and  sky-lights  to  be  in  repair . . 59  20 

schools,  churches,  etc 57  20 

sleeping  in  cellars  forbidden 62  20 

stables 58  20 

theatres,  manufactories,  etc 55  20 

walls  and  ceilings  to  be  clean 60  20 

water  tanks  on  roofs 61  20 


PAGE. 

272 

272 

274 

274 

20 

8 

279 

360 

268 

279 


394 

371 

369 

371 

370 

372 
372 

369 

371 

372 

370 
372 

372 
369 
366 

424 

425 
391 

373 
366 

377 

378 

378 

377 

379 

378 

379 
379 

378 

379 
379 


INDEX 


447 


Sanitary  Code — Continued : 

SECTION. 

CH. 

PAGE. 

businesses  forbidden,  article  17 

20 

420 

camps^  tents  and 

217 

20 

407 

carbolic  acid,  sale  regulated 

123 

20 

390 

cattle,  etc.,  driven  in  streets 

314-316 

20 

420 

chemist,  affidavits  of  to  be  presumptive 

188 

20 

404 

children,  care  of,  article  11 . . 

20 

404 

cold  storage: 

food  to  be  marked 

72 

20 

380 

not  to  be  returned 

74 

20 

380 

sold  only  as  such 

75 

20 

380 

time  kept 

73 

20 

380 

contractors  to  comply  with  S.  C 

182 

20 

403 

coroners,  article  6 

80 

20 

381 

dead  bodies  of  human  beings,  article  3. 

20 

372 

deaths  to  be  reported 

32 

20 

373 

definitions 

1 

20 

366 

diseases,  article  7 

20 

382 

disinfection  of  premises 

101 

20 

386 

drainage,  article  14 

20 

414 

drink,  food  and,  article  9 

20 

391 

drugs  and  medicines,  article  8 

20 

387 

eggs,  spots’^  forbidden 

employers  to  prevent  occupational  dis- 
eases   

331 

20 

423 

337 

20 

424 

factory,  defined 

1 

20 

367 

fats,  rendering  and  melting 

329 

20 

422 

false  statements 

36 

20 

374 

filling  in  land 

252 

20 

414 

food  and  drink,  article  9 

20 

391 

food  in  cold  storage  

71 

20 

380 

garbage,  article  13 

20 

407 

heating  of  railroad  cars 

304 

20 

419 

hospitals  to  have  permits 

220 

20 

407 

houseboats 

360 

20 

428 

infectious  diseases,  article  7 

20 

382 

inspectors  not  to  be  interfered  with. . . . 

186 

20 

403 

lodging-house: 

defined 

1 

20 

367 

not  to  be  overcrowded 

56 

20 

378 

regulated 

334 

20 

424 

manure,  article  13 

20 

407 

manufactories 

55 

20 

378 

marriages  to  be  registered 

34 

20 

374 

meat.  (See  Food  and  Drink.) 

midwifery 

milk : 

adulterated  prohibited 

196 

20 

404 

152 

20 

397 

bottles  and  cans 

159 

20 

400 

buttermilk 

158 

20 

400 

condensed 

154 

20 

398 

grades  and  designatives 

156, 157 

20 

399 

modified  milk 

155 

20 

399 

448  INDEX 

Sanita^  Code — Continued:  section,  ch.  page 

misfeasance  and  nonfeasance 181  20  403 

noise  from  animals  and  birds,  forbidden  215  20  407 

nuisance.  (See  Article  13.) 

from  cinders,  odors,  etc 212  20  406 

responsibility  owner,  lessee,  etc.,  for  51,183  20  377,403 

to  be  abated 185  20  403 

nurses 219  20  407 

occupations  forbidden,  article  17 20  420 

offensive  materials,  article  13 20  407 

omnibuses,  article  15 20  418 

orders  Board  Health  to  be  obeyed 184  20  403 

owner,  responsible  for  nuisances 51, 183  20  377,  403 

oysters,  sale  regulated 164  20  401 

patent  medicines 117  20  389 

physician,  defined 1 20  367 

physicians  to  be  registered 218  20  407 

plumbing,  article  14 20  414 

poison,  sale  regulated 122  20  390 

public  place,  defined 1 20  367 

railroad  cars,  article  15 20  418 

refuse,  article  13 20  407 

sale  of  food  and  drink 149, 150, 160  20  397, 400 

school  children  to  have  health  certif- 
icates   200  20  405 

seamen,  vessels  and,  article  18 20  426 

sewerage,  article  14 20  414 

slaughtering 325-327  20  422 

smoke,  dense  discharge  of,  forbidden..  . 211  20  405 

smoking  in  subway 216  20  407 

spitting  forbidden 213  20  406 

storage.  (See  Cold  Storage.) 
streets: 

cleaning  regulated 311  20  419 

dirt  not  to  obstruct 313  20  419 

obstructions  forbidden 312  20  419 

tents  and  camps 217  20  407 

theatre,  defined 1 20  368 

tobacco  manufacturing 338  20  424 

towels,  not  to  be  used  in  common 214  20  406 

trades,  what  is  forbidden,  article  17 . . . 20  420 

vacant  lots,  to  be  fenced  and  clean ....  251  20  413 

vessels  and  seamen,  article  18 20  426 

water,  drinking,  article  9 20  391 

wood  alcohol,  sale  regulated 124  20  390 

work-rooms 55  20  378 

Sales  in  streets,  article  4 23  288 

Saving  clause  as  to  ordinances  repealed ....  2 28  360 

Seal  of  city 6 1 10 

amendment , 362 

Second-hand  articles,  dealers  in,  article  4. . . 14  231 

Sewers  and  drains: 

borough  presidents’  control 1 21  275 


INDEX 


449 


Sewers  and  drains — Continued: 

builders  or  constructors,  to  be  licensed. 

bond 

connections  with;  authorization 

fees 

mode  and  materials 

companies  to  be  notified  of  changes  in . 

injury  to 

obstructions  of 

private  construction  of 

prohibited  discharges  into;  steam  and 

hot  water 

volatile  inflammable  oils 

violations 

water  connections 

Shows.  (See  Amusements,  Motion  Pictures; 
Common  Shows.) 

Show  cases 

Show  windows 

Shooting  galleries 

Sidewalks.  (See  Streets.) 

Signals.  (See  Traffic  Regulations.) 

Signs  and  show  bills.  (See  Streets,  Building 
Code.) 

Sinking  Fund,  regulations,  article  1 

Smoke  and  smoking.  (See  Sanitary  Code.) 

Snow  and  ice,  article  3 

Speed.  (See  Traffic  Regulations.) 

Speed  of  vehicles  on  bridges.  . . .* 

Stands  within  stoop  lines 

Stoops.  (See  Streets.) 

Storm-doors 

Street,  meaning  of 

Street  railroads.  (See  Railroads.) 

Street  cleaning: 

owners  to  reimburse  expense  removal 

refuse  and  rubbish,  article  2 

snow  and  ice,  article  3 

Street  musicians: 

hand-organ  grinders 

street  musicians 

Streets.  (See  Sanitary  Code.) 

advertising  matter,  distributing  in 

assemblies: 

disorderly 

public  worship 

street  shows 

auctions 

awnings 

barriers,  guards  and  lights 

bill-boards  (theatrical) 

boundaries  and  monuments 

cleaning.  (See  Street  Cleaning.) 

29 


SECTION. 

CH. 

PAGE. 

13 

21 

276 

13 

21 

276 

10 

21 

275 

12 

21 

276 

10 

21 

275 

14 

21 

277 

23 

21 

278 

20 

.21 

277 

11 

21 

275 

22 

21 

277 

21 

21 

277 

24 

21 

278 

15 

21 

277 

147 

23 

306 

163 

23 

316 

160 

14 

250 

2 

12 

22 

281 

2 

4 

44 

149 

23 

306 

150 

23 

300 

1 

1 

8 

1 

22 

279 

22 

279 

22 

281 

170 

14 

250 

171 

14 

251 

10 

23 

287 

23 

23 

288 

20 

23 

288 

22 

23 

288 

30 

23 

288 

40-44 

23 

289 

3 

23 

285 

12 

23 

287 

50-52 

23 

291 

450 


INDEX 


Streets — Continued:  section,  ch.  page. 

closing,  temporarily 1 23  285 

construction  and  repairs 60-65  23  292 

curbing 63  23  293 

debris  of  construction,  removal 65  23  293 

disturbance  of  surface 80-82  23  294 

elevated  railroads;  droppings  from.  ...  1 19  271 

excavations 90-98  23  295 

flower  pots  on  window  ledges 250  23  331 

grade  crossings 32  19  273 

gutter  stones 63  23  292 

hospital 131  23  300 

house  numbering 110-112  23  298 

landmarks,  disturbance 50-52  23  291 

lights 120-122  23  299 

loafers  and  loungers 23  23  288 

mortar  mixing  on  pavement 142  23  304 

musicians 170-171  14  250 

noises 130-136  23  300 

obstructions  and  encumbrances 140-152  23  302 

barber  poles 145  23  305 

building  materials 142  23  303 

earth,  rocks  and  rubbish 143  23  304 

house-moving 144  23  305 

ornamental  lamp-posts 145  23  305 

posts  and  poles 145  23  305 

railroad  trains 33  19  274 

removal  of 151  23  309 

show-cases 147  23  306 

stairways  and  hoistways 148  23  306 

stands  within  stoop  lines 149  23  306 

storm-doors 150  23  309 

vehicles  and  merchandise 152  23  310 

paving 61  23  292 

projections  and  encroachments 160-170  23  313 

areas 161  23  315 

balustrades 162  23  315 

bay  windows 163  23  316 

cellar  doors  and  steps 164  23  319 

courtyards 165  23  319 

ornamental 166  23  319 

park-streets 60-62  17  267 

porches,  platforms,  stoops 167  23  320 

removal  of  unauthorized 168  23  320 

restricted  streets 160  23  313 

show  windows 163  23  316 

public  worship  in 20  23  288 

replacement  of  pavement 96  23  297 

restricted  against  peddlers 133  23  301 

sales  (salted  meat  and  fish) 31  23  289 

school 132  23  300 

sidewalk  bridges 141  23  303 

sidewalks 141  23  303 


INDEX 


451 


Streets — Continued : 

boardwalks 

carriageways  ^across 

composition 

defacement  or  injury 

drains  across 

interference  with 

obstruction  of 

owners  may  lay 

paving 

width 

violations 

signs  and  show  bills: 

electric  signs 

existing  signs 

general  provisions 

ground  and  roof  signs 

ground  signs 

inspection  of 

public,  protection  of 

roof  signs 

unlawful 

unsafe 

wall  signs 

tanbark,  use  of 

throwing  missiles  forbidden 

traffic  regulations.  (See  Traffic  Regu- 
lations.) 

trees  and  shrubs  in 

unsafe  conditions,  precautions 

vaults  and  cisterns 

width  (Brooklyn) 

Sunday  amusements  and  exhibitions ...... 

Surface  railroads.  (See  Railroads.) 


SECTION. 

CH. 

PAGE. 

83 

23 

323 

185 

23 

323 

180 

23 

321 

187 

23 

323 

182 

23 

322 

186 

23 

323 

188 

23 

324 

185 

23  . 

323 

180 

23 

321 

181 

23 

322 

189 

23 

324 

215 

23 

327 

218 

23 

328 

210 

23 

325 

211 

23 

325 

212 

23 

326 

221 

23 

328 

222 

23 

328 

213 

23 

326 

217 

23 

328 

216 

23 

327 

214 

23 

327 

252 

23 

332 

251 

23 

331 

70 

17 

269 

2 

23 

285 

240-244 

23 

329 

64 

23 

293 

10 

3 

33 

T 

Taxes  and  assessments: 

apportionment 

fees  for  bills  and  searches 

Taxicabs.  (See  Hacks.) 

Theatres.  (See  Amusements;  Motion  Pic- 
tures; Fire  Prevention;  Building  Code.) 
Throwing  stones  (and  other  missiles),  pro- 
hibited   

Ticket  speculators 

Traffic  regulations:  ^ 

advertising  vehicles 

bicycles 

city  owned  automobiles 

curb,  defined 

drivers,  age  limit 

driving  (rules  of  the  road) 


266 

2 

28 

265 

2 

28 

251 

23 

331 

12 

3 

35 

30 

24 

340 

31 

24 

340 

33 

24 

340 

1 

24 

333 

10 

24 

334 

11 

24 

334 

452 


INDEX 


Traffic  regulations — Continued: 

SECTION. 

CH. 

PAGE. 

automobile  stop  signal 

11 

24 

335 

crossing  streets 

11 

24 

334 

keeping  to  right 

11 

24 

334 

meeting 

11 

24 

334 

obstructing  traffic 

11 

24 

335 

overloading  team 

11 

24 

335 

overtaking 

11 

24 

334 

slowing-up  signal 

11 

24 

334 

slow-moving  vehicles 

11 

24 

334 

standing  at  curb 

11 

24 

335 

stopping 

11 

24 

335 

stop  signal  to  motor  cars 

11 

24 

335 

turning 

11 

24 

334 

to  right,  into  another  street . . . . 

11 

24 

334 

to  left,  into  another  street 

11 

24 

334 

enforcement 

42 

24 

343 

ice  wagons,  projecting  scales 

35 

24 

341 

lights 

12 

24 

335 

motor  vehicle  mufflers 

36 

24 

341 

Ocean  parkway,  restrictions 

37 

24 

342 

park  regulations 

30-42 

16 

264 

peddlers,  venders  and  hawkers: 

standing 

13 

24 

336 

streets  restricted  against 

13 

24 

336 

police  to  enforce 

42 

24 

342 

processions  and  parades 

38 

24 

342 

racing  in  streets 

34 

24 

341 

reasonable  care  required 

41 

24 

343 

riding  on  back  of  vehicles 

14 

24 

336 

right  of  way 

15 

24 

336 

roadway,  defined 

1 

24 

333 

sidewalks: 

driving  across 

16 

24 

337 

obstructing 

16 

24 

337 

sleighs,  bells  required 

39 

24 

343 

speed  of  vehicles: 

general  provisions 

17 

24 

337 

approaching  bridges 

17 

24 

338 

meeting  street  cars 

17 

24 

338 

on  congested  streets 

17 

24 

338 

overtaking  street  cars 

17 

24 

338 

passing  public  schools 

17 

24 

338 

turning  corners 

17 

24 

338 

unrestricted  vehicles 

17 

24 

338 

stopping  for  buses  and  cars 

18 

24 

339 

trade  wagons 

40 

24 

343 

vehicles: 

defined 

1 

24 

333 

obstructing  sidewalks 

16 

24 

337 

Traffic  regulations  in  parks,  article  2.  . . . 

17 

264 

INDEX 

453 

V 

SECTION. 

CH. 

PAGE. 

Vaults  and  cisterns,  article  17 

Vehicles.  (See  Traffic  Regulations.) 

Vessels.  (See  Docks.) 

Violations.  (See  separate  articles.) 

23 

329 

fine  for 

W 

10 

27 

359 

Waste  material,  sale  of 

Water  front  property.  (See  Docks.) 

12 

1 

11 

Water  front  property,  meaning  of 

Water  supply: 

1 

1 

8 

general  provisions,  article  1 

25 

344 

rents  and  charges,  article  2 

use: 

25 

345 

private  traffic  in 

washing  down  from  house  connec- 

41 

25 

348 

tions  

42 

25 

348 

watering  horses 

44 

25 

349 

Weighers  of  hay,  article  15 

Weights  and  measures: 

14 

251 

bureau,  power  and  duties,  article  1 . . . . 

26 

350 

regulation  and  testing,  article  2 . . . 
Wharfage.  (See  Docks.) 

26 

351 

ADDENDA 


COSBY’S  CODE  OF  ORDINANCES, 

1915 

WITH 


ALL  AMENDMENTS  TO  GENERAL  ORDINANCES, 
THE  BUILDING  CODE,  THE  SANITARY  CODE, 
THE  PARK  REGULATIONS,  UP  TO  AND 
INCLUDING  NOVEMBER  1,  1915 


COMPILED  BY 

ARTHUR  F.  COSBY 


THE  BANKS  LAW  PUBLISHING  COMPANY 
23  PARK  PLACE,  NEW  YORK 
1915 


Copyright,  1915, 


BY 

THE  BANKS  LAW  PUBLISHING  COMPANY 


ADDENDA  TO  COSBY’S  ORDINANCES 
1915 


Chapter  1. — General  Provisions. 


Article  2. — Miscellaneous  Regulations, 

Section  2.  City  seal. 

3.  Official  city  flag. 

4.  Mayor’s  flag. 

5.  Flags  and  decorations  on  city  hall. 

6.  Publication  of  general  ordinances. 

7.  Designation  of  acting  head  of  department. 

8.  Office  hours. 

9.  Meetings  of  boards. 

10.  Municipal  reference  library  to  have  reports,  etc. 

11.  Sales  of  waste  material. 

Section  2.  City  seal.  a.  Description.  The  corporate  seal  of  The 
City  of  New  York,  as  adopted  by  the  common  council  on  July  24, 
1686,  with  the  alteration  adopted  by  the  common  council  on  March 
16,  1784,  is  hereby  re-established,  and  the  following  device  is  hereby 
adopted  as  the  device  of  said  seal,  to  wit: 

Arms:  Upon  a shield,  saltire-wise,  the  sails  of  a windmill.  Between 
the  sails,  in  chief  a beaver,  in  base  a beaver,  and  on  each  flank  a 
flour  barrel; 

Supporters:  Dexter,  a sailor,  his  right  arm  bent,  and  holding  in 
his  right  hand  a plummet;  his  left  arm  bent,  his  left  hand  resting  on 
the  top  of  the  shield;  above  his  right  shoulder  a cross-staff.  Smister, 
an  Indian  of  Manhattan,  his  right  arm  bent,  his  right  hand  Vesting 
on  the  top  of  the  shield,  his  left  hand  holding  the  upper  end  of  a 
bow,  the  lower  end  of  which  rests  on  the  ground.  Shield  and  sup- 
porters resting  upon  a horizontal  laurel  branch; 

Date:  Beneath  the  horizontal  laurel  branch  the  date  1664,  being 
the  year  of  the  capture  of  New  Amsterdam  by  the  English  and  the 
first  use  of  the  name  of  the  City  of  New  York; 

Crest:  Upon  a hemisphere,  an  American  eagle  with  wings  dis- 
played; 

Legend:  Upon  a ribbon  encircling  the  lower  half  of  the  design  the 
words  ^‘Sigillum  Civitatis  Novi  Eboraci”; 

The  whole  encircled  by  a laurel  wreath. 

b.  Design.  The  following  design  is  hereby  adopted  as  the  official 
and  standard  design  of  such  corporate  seal: 

1 


2 


CHAPTER  1 


c.  Execution  and  custody  of.  The  city  clerk  shall  cause  to  be 
executed  and  cast  in  bronze  a model  of  the  foregoing  design  as  the 
standard  corporate  seal  of  the  city  and  shall  keep  the  same  in  his 
custody.  The  city  clerk  shall  also  cause  the  said  design  to  be  en- 
graved in  accurate  conformity  therewith  upon  metal  as  the  seal  of 
the  city  and  shall  keep  and  affix  the  same,  as  provided  in  § 31  of  the 
charter;  and  he  shall  also  provide  in  the  same  manner  for  all  other 
officers  of  the  city  who  are  required  or  authorized  by  law  to  have  or 
use  the  corporate  seal  of  the  city. 

d.  Date  of  effect  and  use  of.  On  and  after  June  24,  1915,  the  said 
seal  shall  be  used  for  all  requisite  purposes  and  all  representations 
of  the  seal  of  the  city  impressed  or  printed  on  and  after  said  date  on 
documents,  publications  or  stationery  issued  or  used  by  or  in  the 
name  or  under  the  authority  of  the  city  or  of  any  borough  or  depart- 
ment thereof,  or  carved,  or  otherwise  represented  on  buildings  or 
structures  owned  by  the  city;  or  otherwise  officially  portrayed  shall 
be  in  exact  conformity  v/ith  the  aforesaid  standard  design  without 
alteration  or  addition,  except  that  the  legend  “Sigillum  Civitatis 
Novi  Eboraci^’  may  be  omitted  when  the  design  is  used  on  the 


ADMIN  1 STRATI V E PROVISIONS 


3 


city  flag  or  for  architectural  or  ornamental  purposes.  The  seals  now 
in  use  by  the  city  clerk  and  by  any  other  city  officers  shall  be  defaced 
and  cancelled  on  said  date  by  the  city  clerk  and  shall  remain  in  his 
custody.  (Amend.,  app.,  May  1,  1915.) 

§ 3.  Official  city  flag.  The  following  design  is  hereby  adopted  as 
the  design  of  the  official  flag  of  the  city  and  as  a substitute  for  the 
flag  now  in  use,  to  wit: 

A flag  combining  the  colors  orange,  white  and  blue,  arranged  in 
perpendicular  bars  of  equal  dimensions  (the  blue  being  nearest  to 
the  flagstaff)  with  the  standard  design  of  the  seal  of  the  city  in  blue 
upon  the  middle,  or  white  bar,  omitting  the  legend  ^‘Sigillum  Civi- 
tatis  Novi  Eboraci,^^  which  said  colors  shall  be  the  same  as  those  of 
the  flag  of  the  United  Netherlands  in  use  in  the  year  1626.  (Amend., 
app..  May  1,  1915.) 

§ 4.  Mayor’s  flag.  The  official  flag  of  the  mayor  shall  be  the  same 
in  design  as  the  official  flag  of  the  city,  except  that  upon  the  middle 
or  white  bar  there  shall  be  above  the  design  of  the  seal  in  a semi-circle, 
five  blue-pointed  stars,  typifying  the  five  boroughs  of  the  city  ; the 
dimensions  of  such  flag  shall  be  thirty-three  inches  by  forty-four 
inches.  (Amend,  app.  May  1,  1915.) 

§ 5.  Flags  and  decorations  on  city  hall.  All  power  and  authority 
to  display  flags  or  other  decorations  on,  in  or  about  the  city  hall,  or 
other  public  buildings  within  the  City  Hall  park,  is  hereby  vested 
in  the  mayor,  unless  otherwise  ordered  by  the  board  of  aldermen,  by 
a vote  of  a majority  of  all  the  members  elected  to  the  board.  (Amend., 
app..  May  1,  1915.) 

The  section  numbers  of  this  article  were  renumbered  as  above  by  the  amend- 
ment approved  May  1,  1915. 

§6.  2.  Adopted  and  approved  ordinances.  The  clerk  of  the  board 
of  aldermen  shall  cause  1,000  copies  of  each  general  ordinance  to  be 
published  in  separate  leaflet  form,  consecutively  numbered  and 
paged  in  the  form  and  style  of  the  Session  Laws  of  the  State  of  New 
York,  within  10  days  after  its  approval  by  the  mayor,  or  upon  its 
taking  effect  without  his  approval  or  disapproval,  or  after  reconsider- 
ation and  readoption  by  the  board  of  aldermen  subsequent  to  his  dis- 
approval thereof,  as  provided  by  section  40  of  the  charter,  as  amended 
and  supplemented.  The  clerk  shall  also  cause  to  be  compiled  a 
proper  index  of  all  such  general  ordinances  for  the  current  calendar 
year  and  for  each  year  thereafter,  which  shall  be  published,  during 
the  month  of  January  of  the  succeeding  year,  in  the  City  Record 
and  as  a pamphlet,  the  pages  of  which  shall  be  of  the  same  size  as 
that  of  the  leaflets  containing  such  general  ordinances.  (Amend., 
May  25,  1915.) 

Chapter  2. — Administrative  Provisions. 

Article  9. — City  Marshals. 

Section  230.  City  marshals;  badges.  The  mayor  is  hereby  au- 
thorized to  prescribe  the  style,  form  and  size  of  a badge  to  be  known 
and  designated  as  the  city  marshals’  official  badge,  a description  of 
which  he  shall  file  in  the  office  of  the  city  clerk.  Each  city  marshal 


4 


CHAPTER  2 


shall  provide  himself,  at  his  own  expense,  with  one  of  such  badges, 
and  shall  wear  the  same  at  all  times  while  engaged  in  the  discharge 
of  his  duties.  At  all  times  every  city  marshal  shall  display  his  badge, 
upon  demand.  Upon  cessation  from  duty  as  or  upon  the  expiration 
of  the  term  of  a city  marshal,  he  shall  forthwith  surrender  his  of- 
ficial badge  to  the  city  clerk,  who  is  hereby  authorized  to  refund  the 
sum  originally  charged  therefor.  (Amend.,  May  25,  1915.) 

Article  10. — City  Surveyors. 

Section  240.  Board  of  examiners. 

241.  Appointment  of  surveyors. 

Section  240.  There  is  hereby  constituted  a board  to  be  known  as  the 
examining  board  of  city  surveyors,  which  shall  consist  of  the  chief 
engineer  of  the  board  of  estimate  and  apportionment,  ex-officio,  of 
two  engineers  appointed  by  the  board  of  aldermen  from  the  con- 
sulting or  topographical  engineers  in  the  regular  employ  of  the  city 
and  of  two  city  surveyors,  who  shall  be  appointed  by  the  board  of 
aldermen.  The  terms  of  office  of  the  first  examiners  so  appointed, 
except  the  chief  engineer  of  the  board  of  estimate  and  apportion- 
ment, shall  be  one,  two,  three  and  four  years,  respectively,  as  desig- 
nated by  the  board  of  aldermen,  and  until  their  successors  are  ap- 
pointed; and  as  their  terms  respectively  expire  their  successors  shall 
be  appointed  for  a full  term  of  four  years,  which  shall  thereafter  be 
the  full  and  regular  term  of  office  of  said  examiners. 

The  examining  board  of  city  surveyors  shall  have  the  power  and 
it  shall  be  their  duty:  to  meet  at  stated  intervals,  and  specially 
when  the  board  of  aldermen  shall  in  writing  request  them  so  to  do; 
to  examine  all  persons  who  may  desire  to  be  appointed  surveyors 
of  The  City  of  New  York  by  tests,  which  will  determine  their  com- 
petency and  fitness,  and  who  shall  present  a receipt  from  the  city 
clerk  showing  that  the  examining  fee,  as  hereinafter  provided,  has 
been  paid;  to  certify  to  the  board  of  aldermen  within  ten  days  after 
an  examination  has  been  held  a list  in  the  order  of  standing  of  all 
those  applicants  who  have  qualified  in  such  examination. 

No  person  shall  be  examined  as  hereinbefore  provided  until  an 
examining  fee  of  five  dollars  shall  have  been  paid  to  the  city  clerk, 
who  is  hereby  authorized  and  directed  to  receive  the  same  and  to 
issue  a receipt  therefor,  and  the  fee  so  collected  shall  be  paid  by  the 
city  clerk  into  the  treasury  of  The  City  of  New  York. 

§ 241.  There  shall  be  so  many  surveyors  for  The  City  of  New 
York  as  the  board  of  aldermen  shall  from  time  to  time  appoint;  but 
hereafter  no  appointment  shall  be  made  except  from  a list  certified 
to  the  board  of  aldermen  by  the  examining  board  of  city  surveyors, 
as  hereinbefore  provided.  Each  city  surveyor  before  entering 
upon  the  duties  of  his  office,  shall  take  an  oath  well  and  truly  to 
perform  the  same.  (Amend.,  App.  May  1,  1915.) 

This  article,  as  amended  above,  repealed  former  sections  240,  241,  242,  243 
and  244. 


AMUSEMENTS  AND  EXHIBITIONS 


5 


Chapter  3. — Amusements  and  Exhibitions. 

Article  2. 

Section  42.  Private  or  non-professional  exhibitions  of  motion  pic- 
tures. The  provisions  of  this  article  shall  not  apply  to  motion  picture 
exhibitions,  with  or  without  charge  for  admission,  conducted  under 
the  direct  management  of  educational  or  religious  institutions,  nor 
to  motion  picture  exhibitions,  without  charge  for  admission,  given 
or  held  not  more  than  once  a week  in  private  residences  or  in  bona 
fide  social,  scientific,  political  or  athletic  clubs,  nor  to  any  motion 
picture  exhibitions  in  which  the  apparatus  for  projecting  such  mo- 
tion pictures  uses  only  an  enclosed  incandescent  lamp,  only  cellulose 
acetate  or  other  slow-burning  film  of  a size  or  perforation  differing 
from  the  Standard  as  used  in  theatrical  machines,  and  is  approved 
by  the  Fire  Commissioner  as  being  unsuitable  for  the  use  of  in- 
flammable motion  picture  films;  provided: 

1.  Before  motion  pictures  shall  be  exhibited,  in  any  of  the  places 
above  mentioned,  there  shall  be  obtained  from  the  commissioner  of 
licenses  a permit  for  such  exhibition; 

2.  Before  granting  such  permit,  the  commissioner  shall  cause  to 
be  inspected  the  premises  where  it  is  proposed  that  exhibition  shall 
be  held,  and  shall  grant  the  permit  if,  in  his  judgment,  the  safety 
of  the  public  is  properly  guarded,  and  provided  that,  for  an  audience 
of  more  than  75  people,  all  chairs  or  seats  shall  be  securely  fastened 
to  the  floor  or  fastened  together  in  rows; 

3.  The  apparatus  for  projecting  such  motion  pictures  shall  be 
contained  in  a fire-proof  booth  or  enclosure  constructed  as  required 
by  the  law;  except  the  apparatus  or  motion  picture  machine  uses 
only  cellulose  acetate  films  of  a size  or  perforation  differing  from 
the  Standard  as  used  in  theatrical  machines,  and  uses  only  an  en- 
closed incandescent  lamp  and  is  approved  by  the  Fire  Commis- 
sioner as  being  unsuitable  for  the  use  of  inflammable  motion  picture 
films. 

4.  Every  such  exhibition  shall  be  subject  to  the  inspection  of  the 
officers  and  inspectors  of  the  department  of  licenses,  for  the  pur- 
poses of  this  article. 

5.  Should  a charge  for  admission  be  made  for  any  exhibition 
herein  referred  to,  or  any  revenue  derived  therefrom  directly  or 
indirectly,  the  coinmissioner  of  licenses  may,  in  his  discretion,  im- 
pose a fee  for  the  issuance  of  such  permit,  which  said  fee,  however, 
shall  not  exceed  the  rate  of  S5  per  month  for  the  period  for  which 
the  permit  is  sought. 

6.  Nothing  contained  in  the  above  paragraphs  of  this  section 
shall  be  so  construed  as'  to  permit  any  person,  association  or  club 
except  educational  or  religious  institutions  to  hold  any  motion 
picture  exhibitions  where  an  admission  is  charged  without  the 
payment  of  such  license  fee  as  is  provided  for  in  section  32,  article  2, 
chapter  3 of  this  ordinance.  (Amend.,  July  16,  1915.) 


6 


CHAPTER  5 


Chapter  5. — Building  Code. 

Article  2. — Materials. 

(As  amended  May  1,  1916.) 

Section  20.  Quality  of  materials. 

21.  Weights  of  materials. 

22.  Tests. 

23.  Brick. 

24.  Sand. 

25.  Lime. 

26.  Cement. 

27.  Mortar. 

28.  Concrete. 

29.  Hollow  building  blocks 

30.  Iron  and  steel. 

31.  Timber. 

Section  20.  Quality  of  materials.  All  building  materials  shall  be 
of  a quality  to  meet  the  intent  of  this  chapter,  and  shall  conform  to 
such  specifications,  consistent  with  the  requirements  of  this  chapter, 
as  may  be  promulgated  by  the  superintendents  of  buildings. 

§ 21.  Weights  9!  materials.  The  weights  of  various  materials 
in  pounds  per  cubic  foot  shall  be  assumed  to  be  as  follows: 

Brickwork 120 

Concrete,  cinder,  used  for  floor  arches  or  slabs 108 

Concrete,  cinder,  used  for  filling  over  fireproof  floors 60 

Concrete,  stone 144 

Granite,  bluestone  and  marble 168 

Limestone 156 

Sandstone 144 

Oak  and  longleaf  yellow  pine 48 

Spruce,  fir,  hemlock,  white  pine  and  shortleaf  yellow  pine 30 

§ 22.  Tests.  1.  When  required.  New  structural  material,  or 
structural  material  not  otherwise  provided  for  in  this  chapter  shall 
be  subjected  to  such  tests  to  determine  its  character  and  quality, 
as  the  superintendent  of  buildings  shall  direct.  Appliances  ana 
devices  required  by  any  of  the  provisions  of  this  chapter  and  new 
methods  of  construction  shall  be  subjected  to  such  tests  to  deter- 
mine their  efficiency,  as  the  superintendent  of  buildings  may  direct. 
Such  tests  as  may  be  required  under  this  section  shall  be  described 
in  rules  promulgated  by  the  superintendent  of  buildings. 

2.  Tests  of  materials.  All  tests  shall  be  conducted  under  the 
supervision  of  the  superintendent  of  buildings,  or  his  authorized 
representative.  Laboratory  tests  shall  be  conducted  at  a testing 
laboratory  of  recognized  standing.  A superintendent  of  buildings 
conducting  a test  under  the  provisions  of  this  section  shall  notify 
the  superintendents  of  buildings  of  the  other  boroughs  at  least  three 
days  in  advance  of  such  test. 

3.  Approval.  Any  material,  appliance,  or  method  of  construc- 
tion meeting  the  requirements  of  this  chapter  or  the  specifications 
authorized  thereunder  shall  be  approved  within  a reasonable  time 
after  the  completion  of  the  tests.  All  such  approvals  and  the  condi- 


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7 


tions  under  which  they  are  issued  shall  be  published  in  the  City 
Record  within  a month  after  issuance,  and  a complete  list  of  all 
such  approvals  issued  during  the  year  shall  be  included  in  the  annual 
report  of  the  superintendent  of  buildings.  The  superintendent  of 
buildings  may  prohibit  the  use  of  any  material  or  appliance  failing 
to  conform  to  the  requirements  of  this  chapter  or  to  the  rules  adopted 
thereunder. 

4.  Conditions  attaching  to  approvals.  Materials,  appliances  or 
methods  of  construction  which  have  been  tested  and  approved  shall 
be  used  and  installed  in  accordance  with  the  terms  of  the  approval. 
So  far  as  practicable  all  materials  and  appliances  for  which  approvals 
have  been  issued  shall  have  a distinctive  brand  mark  for  identifica- 
tion impressed  on  or  otherwise  attached  to  them.  It  shall  be  un- 
lawful to  use  any  such  brand  mark  on  any  other  material  or  ap- 
pliance than  that  for  which  the  approval  was  issued. 

5.  Additional  tests.  The  superintendent  of  buildings  may  re- 
quire any  tests  to  be  repeated  if  there  is  any  reason  to  believe  that 
the  material  or  appliance  is  no  longer  up  to  the  specifications  on 
which  the  approval  was  based. 

§ 23.  Brick.  The  brick  used  in  the  construction  of  buildings  shall 
be  sound,  well  burnt  brick.  When  old  brick  are  used  in  any  wall 
they  shall  be  thoroughly  cleaned  before  being  used,  and  shall  be 
whole  and  good,  hard,  well  burnt  brick. 

§ 24.  Sand.  The  sand  used  for  building  construction  shall  be 
clean,  sharp,  coarse  and  silicious. 

§ 25.  Lime.  Quick  lime  and  hydrated  lime  shall  conform  to  such 
specifications  as  may  be  promulgated  by  the  superintendent  of 
buildings,  or,  in  the  absence  of  such  specifications,  with  the  standard 
specifications  of  the  American  Society  for  Testing  Materials. 

§ 26.  Cement.  Portland  and  natural  cements  shall  conform  to 
such  specifications  as  may  be  promulgated  by  the  superintendent 
of  buildings  in  accordance  with  the  provisions  of  this  chapter,  or, 
in  the  absence  of  such  specifications,  with  the  standard  specifications 
of  the  American  Society  for  Testing  Materials. 

§ 27.  Mortar.  1.  Cement.  Cement  mortar  shall  be  made  of 
cement  and  sand  in  the  proportion  of  1 part  of  cement  and  not  more 
than  3 parts  of  sand  by  volume,  or,  in  the  case  of  bag  mortars  pre- 
pared under  rules  promulgated  by  the  superintendent  of  buildings, 
in  such  proportion  that  the  tensile  strength  per  square  inch  at  the 
age  of  28  days  shall  be  not  less  than  250  pounds  when  Portland  ce- 
ment is  used,  and  125  pounds  when  natural  cement  is  used.  Cement 
mortar  shall  be  thoroughly  mixed  and  shall  be  used  immediately 
after  the  addition  of  water.  Not  more  than  15  per  cent,  of  the 
cement  by  volume  may  be  replaced  by  an  equal  volume  of  lime. 

2.  Cement  and  lime.  Cement-lime  mortar  shall  be  made  of  1 
part  of  lime,  1 part  of  cement  and  not  more  than  3 parts  of  sand  to 
each  by  volume. 

3.  Lime.  Except  as  may  be  otherwise  provided,  lime  mortar  shall 
be  made  of  1 part  of  slacked  lime,  lime  putty  or  dry  hydrated  lime, 
and  not  more  than  4 parts  of  sand  by  volume. 

§ 28.  Concrete.  1.  Mixture.  Except  as  may  be  otherwise  pro- 
vided in  this  chapter,  concrete  shall  be  made  of  1 part  of  cement, 


8 


CHAPTER  5 


and  not  more  than  23^  parts  of  sand  and  5 parts  of  coarse  ag- 
gregate. 

2.  Aggregate.  The  coarse  aggregate  shall  be  granite,  trap  rock, 
gravel  or  other  hard,  durable  material  that  may  be  approved  by  a 
rule  of  the  superintendent  of  buildings.  When  gravel  is  used  it  shall 
be  thoroughly  washed.  Where  mass  concrete  is  used,  the  course 
aggregates  shall  be  of  such  size  as  will  pass  through  a two-inch  ring. 
All  aggregates  shall  be  free  from  dust  or  other  deleterious  material. 

3.  Consistency.  All  concrete  shall  be  a wet  mixture,  and  shall  be 
placed  in  forms  immediately  after  mixing,  and  well  tamped.  No 
concrete  shall  be  used  after  initial  set  has  begun. 

4.  Forms.  All  forms  and  centering  shall  be  built  in  a substantial 
manner,  and  with  joints  sufficiently  tight  to  prevent  leakage  of  the 
cement.  They  shall  be  properly  supported  and  braced  as  to  safely  sus- 
tain all  the  load  that  may  be  placed  upon  them  during  construction. 

5.  Joints  in  concrete.  Joints  formed  between  portions  of  concrete 
placed  at  different  times  shall  be  made  in  a manner  not  to  injure  the 
completed  structure.  Before  fresh  concrete  is  joined  to  concrete 
which  has  set  or  partially  set,  the  surface  of  the  old  concrete  shall  be 
roughened,  cleaned  and  thoroughly  wet. 

6.  Precautions  against  freezing.  No  materials  containing  frost 
or  that  are  frozen  shall  be  used.  Precaution  shall  be  taken  to  prevent 
concrete  from  freezing.  After  it  has  been  placed  in  position  a 
temperature  above  32  degrees  F.  shall  be  maintained,  by  artificial 
means  if  necessary,  until  the  concrete  has  its  initial  set. 

§ 29.  Hollow  building  blocks.  1.  Concrete.  Hollow  building 
blocks  of  concrete  shall  be  made  of  Portland  cement  and  suitable 
aggregate  in  such  proportions  as  to  develop  at  the  age  of  28  days 
an  ultimate  crushing  strength  per  square  inch  of  gross  area  of  not 
less  than  750  pounds  when  tested  with  the  cells  placed  vertically 
and  300  pounds  when  tested  with  the  cells  placed  horizontally. 

2.  Terra  cotta.  Hollow  building  blocks  of  terra  cotta  shall  be 
sound,  hard  and  well  burnt  and  shall  develop  an  ultimate  crushing 
strength  per  square  inch  of  gross  area  of  not  less  than  1,200  pounds 
when  tested  with  the  cells  placed  vertically  and  300  pounds  with  the 
cells  placed  horizontally. 

3.  Absorption.  The  absorption  of  hollow  building  blocks  to  be 
used  for  bearing  or  enclosing  walls  shall  not  exceed  12  per  cent,  in 
48  hours  as  an  average,  nor  more  than  15  per  cent,  in  any  case. 

§ 30.  Iron  and  steel.  1.  Cast  iron.  Cast  iron  shall  be  of  good 
foundry  mixture,  producing  a clean,  tough,  gray  iron.  It  shall  con- 
form to  such  specifications  as  may  be  promulgated  by  the  superin- 
tendent of  buildings,  or,  in  the  absence  of  such  specifications,  to 
the  standard  specifications  of  the  American  Society  for  Testing  Ma- 
terials for  medium  gray  iron  castings.  Castings  shall  be  free  of 
serious  blowholes,  cinder  spots  and  cold  shuts. 

2.  Cast  steel.  Steel  castings  for  building  construction  shall  be 
made  of  open  hearth  steel,  and  shall  be  practically  free  from  blow- 
holes. Except  as  may  be  otherwise  prescribed  by  rules  of  the  super- 
intendent of  buildings,  they  shall  conform  to  the  standard  specifica- 
tions of  the  American  Society  for  Testing  Materials  for  soft  or 
medium  steel  castings. 


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0 


3.  Structural  steel.  All  structural  steel  for  buildings  shall  have 
an  ultimate  tensile  strength  of  from  55,000  pounds  to  65,000  pounds 
per  square  inch.  Rivet  steel  shall  have  an  ultimate  strength  of  from 
46,000  to  56,000  pounds  per  square  inch.  Except  as  may  be  other- 
wise prescribed  by  the  rules  of  the  superintendent  of  buildings,  steel 
shal]  conform  to  the  standard  specifications  of  the  American  Society 
for  Testing  Materials  for  structural  steel  for  buildings. 

§ 31.  Timber.  All  timbers  and  wood  beams  used  in  any  building 
shall  be  of  good  sound  material,  free  from  rot,  large  and  loose  knots, 
shakes  or  any  imperfection  whereby  the  strength  may  be  impaired. 

Article  3. — Working  Stresses  and  Loads 

(As  amended  May  1,  1915.) 

Section  50.  General  provisions. 

51.  Working  stresses. 

52.  Working  stresses  for  columns. 

53.  Loads. 

54.  Wind  pressure. 

^ 55.  Floor  capacities. 

Section  50.  General  provisions.  1.  Computations.  The  dimen- 
sions of  the  several  materials  and  the  form  of  each  construction  to 
be  used  in  building  shall  be  computed  as  required  in  the  various 
sections  of  this  chapter. 

2.  Factors  of  safety.  Where  the  unit  stress  of  any  material  is 
not  prescribed  in  this  chapter  the  relation  of  allowable  unit  stress  to 
ultimate  strength  shall  be  as  1 to  4 for  metals,  as  1 to  6 for  timber, 
and  as  1 to  10  for  natural  or  artificial  stones  and  brick  or  stone 
masonry.  But  wherever  working  stresses  are  prescribed  in  this 
chapter,  the  said  working  stresses  shall  be  used. 

3.  Temporary  supports.  Every  temporary  support  placed  under 
any  building  or  structure,  or  any  part  thereof,  during  the  erection, 
finishing,  alteration,  or  repairing  of  such  building  or  structure  or  any 
part  thereof,  shall  be  of  sufficient  strength  to  safely  carry  the  load 
to  be  placed  thereon. 

§ 51.  Working  stresses.  1.  Safe  carrying  capacity.  The  safe 
carrying  capacity  of  the  various  materials  of  construction,  except 
in  the  case  of  columns,  shall  be  determined  by  the  working  stresses 
in  pounds  per  square  inch  specified  in  this  section.  Unless  otherwise 
indicated,  net  sectional  areas  shall  be  used  in  determining  the  safe 


carrying  capacity. 

2.  Iron  and  steel,  (a)  In  compression. 

Rolled  steel 16,000 

Cast  steel 16,000 

Cast  iron 16,000 

Steel  pins  in  bearing 24,000 

Steel  rivets,  shop  or  power  driven,  in  bearing 24,000 

Steel  field  rivets,  hand  driven,  in  nearing 16,000 

Steel  field  bolts,  in  bearing 12,000 

(b)  In  tension. 

Rolled  steel 16,000 

Cast  steel 16,000 


10 


CHAPTER  5 


Cast  iron 3,000 

(c)  In  shear. 

Steel  web  plates 10,000 

Steel  pins  and  shop  or  power  driven  rivets 12,000 

Steel  field  rivets,  hand  driven 8,000 

Steel  field  bolts 7,000 

Cast  iron 3,000 

(d)  In  bending  extreme  fibre. 

Rolled  steel  beams  and  riveted  steel  beams 16,000 

Rolled  steel  pins,  rivets  or  bolts 20,000 

Cast  iron,  compression  side 16,000 

Cast  iron,  tension  side 3,000 

3.  Timber,  (a)  In  compression. 


Yellow  pine,  longleaf with  grain  1,600,  across  grain  1,000 


White  pine,  shortleaf  yellow  pine. 


Hemlock with  grain  800,  across  grain  800 

(b)  In  tension. 

Oak..... 1,200 

Yellow  pine,  longleaf 1,200 

Shortleaf  yellow  pine 900 

Douglas  fir 800 

Spruce  and  fir 800 

White  pine 700 

Hemlock 600 

(c)  In  shear. 

Oak with  grain  200,  across  grain  1,000 


Shortleaf  yellow  pine,  N.  C.  pine. 


White  pine,  spruce  and  fir with  grain  100,  across  grain  500 


(d)  In  bending,  extreme  fibre. 

Oak 1,200 

Yellow  pine,  longleaf 1,600 

Douglas  fir,  white  pine  and  spruce 1,200 

Shortleaf  yellow  pine,  N.  C.  pine 1,000 

Hemlock... 800 

4.  Stone,  in  compression. 

Granite 1,000 

Greenwich  stone 1,200 

Gneiss 1,000 

Limestone 700 

Marble 600 

Sandstone 400 

Bluestone,  North  River 2,000 

Slate 1,000 

5.  Masonry  in  compression. 

Grout,  neat  portland  cement 1,000 


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11 


Grout,  neat  natural  cement 500 

Concrete,  portland  cement,  1:2:4 500 

Concrete,  portland  cement,  1:2  3^:5 400 

Concrete,  natural  cement,  1:2:4 210 

Concrete,  natural  cement,  1:23^:5 150 

Brick  work  in  portland  cement  mortar 250 

Brick  work  in  natural  cement  mortar 210 

Brick  work  in  lime-cement  mortar 160 

Brick  work  in  lime  mortar 110 

Rubble  stone  work  in  portland  cement  mortar 140 

Rubble  stone  work  in  natural  cement  mortar 110 

Rubble  stone  work  in  lime-cement  mortar 100 

Ashlar  masonry,  other  than  sandstone 600 

Sandstone  ashlar  masonry 300 

Hollow  building  blocks  in  cement  mortar. 

Terra  cotta,  cells  vertical,  gross  area 100 

Terra  cotta,  cells  horizontal,  gross  area 50 

Concrete,  cells  vertical,  gross  area 75 

Concrete,  cells  horizontal,  gross  area 30 

when  filled  with  1:3:6  concrete  or  better 150 


§ 52.  Working  stresses  for  columns.  1.  General.  In  columns  or 
compression  members  with  flat  ends,  of  cast  iron,  steel  or  wood,  the 
stresses  shall  not  exceed  those  specified  in  this  section  for  the  re- 
spective ratios  of  slenderness.  For  intermediate  ratio  of  slenderness 
the  working  stresses  shall  be  proportionate  to  those  given. 

2.  Unsupported  lengths.  Columns  and  compression  members 
shall  not  be  used  having  an  unsupported  length  of  greater  ratios 
than  given  in  this  section. 

3.  Eccentrically  loaded  columns.  Any  column  eccentrically 
loaded  shall  have  the  stresses  caused  by  such  eccentricity  computed, 
and  the  combined  stresses  resulting  from  such  eccentricity  at  any 
part  of  the  column,  added  to  all  other  stresses  at  that  part,  shall  in 
no  case  exceed  the  working  stresses  given  in  this  section.  The  ec- 
centric load  of  a column  may  be  considered  to  be  distributed  equally 
over  the  entire  area  of  that  column  at  the  next  point  below  that  at 
which  the  column  is  securely  braced  laterally  in  the  direction  of  the 
eccentricity. 

4.  Cast  iron  and  steel  columns.  The  working  stresses  in  pounds 
per  square  inch  of  cross  section  for  cast  iron  and  steel  columns  shall 
be,  when  the  length  divided  by  the  least  radius  of  gyration 


120 7,600  for  steel 

110 8,300  for  steel 

100 9,000  for  steel 

90 9,700  for  steel 

80 10,400  for  steel 

70 6,200  for  cast  iron,  11,100  for  steel 

60 6,600  for  cast  iron,  11,800  for  steel 

50 7,000  for  cast  iron,  12,500  for  steel 

40 7,400  for  cast  iron,  13,200  for  steel 

30 7,800  for  cast  iron,  13,900  for  steel 

20 8,200  for  cast  iron,  14,600  for  steel 

10 8,600  for  cast  iron,  15,300  for  steel 


12 


CHAPTER  5 


5.  Wood  columns.  The  working  stresses  in  pounds  per  square 
inch  of  cross  section  for  wood  posts  and  columns  shall  be,  when  the 
length  divided  by  least  side  or  diameter  equals 

30 600  for  longleaf  yellow  pine,  390  for  spruce 

25 700  for  longleaf  yellow  pine,  475  for  spruce 

20 800  for  longleaf  yellow  pine,  560  for  spruce 

15 900  for  longleaf  yellow  pine,  645  for  spruce 

12 960  for  longleaf  yellow  pine,  696  for  spruce 

10 1,000  for  longleaf  yellow  pine,  730  for  spruce 

For  columns  of  shortleaf  yellow  pine,  N.  C.  pine  or  Douglas  fir 
the  working  stresses  shall  not  exceed  three-fourths  of  the  correspond- 
ing values  given  for  longleaf  yellow  pine;  for  columns  of  white  pine 
or  fir  the  working  stresses  shall  be  takeh  the  same  as  for  spruce;  for 
columns  of  white  oak  the  working  stresses  shall  be  taken  the  same 
as  for  longleaf  yellow  pine. 

6.  Places  of  public  assembly.  In  a building  containing  a place  of 
public  assembly,  not  less  than  90  pounds  upon  every  superficial  foot. 

7.  Schools.  In  a building  used  as  a school  or  place  of  instruction, 
not  less  than  75  pounds  upon  every  superficial  foot. 

8.  Stables  and  carriage  houses.  In  a building  used  as  a stable  or 
carriage  house,  not  less  than  75  pounds  upon  every  superficial  foot. 

§ 53.  Loads.  1.  Dead  load.  The  term  ^‘dead  load^^  means  the 
weight  of  walls,  partitions,  framing,  doors,  roofs  and  all  permanent 
construction  entering  into  any  building. 

2.  Live  load.  The  term  ‘Tive  load’^  means  all  forms  of  loading 
other  than  the  weight  of  the  material  entering  into  the  construction 
of  the  building. 

3.  Floor  loads.  Every  floor,  roof,  yard,  court  or  sidewalk  shall 
be  of  sufficient  strength  in  all  parts  to  bear  safely  any  imposed  loads, 
whether  permanent  or  temporary,  in  addition  to  the  dead  loads 
depending  thereon,  provided,  however,  that  no  floor  in  any  building 
or  extension  to  an  existing  building  hereafter  erected,  shall  be  de- 
signed to  carry  less  than  the  following  live  loads  per  square  foot  of 
area,  uniformly  distributed  according  as  the  floor  may  be  intended 
or  used  for  the  purposes  indicated. 

40  pounds  for  residence  purposes. 

100  pounds  for  places  of  assembly  or  public  purpose,  except  that 
for  classrooms  of  schools  or  other  places  of  instruction  the  floor  need 
not  be  designed  for  more  than  75  pounds,  and 

120  pounds  for  any  other  purpose,  except  that  the  floors  of  offices 
need  not  be  designed  for  more  than  60  pounds. 

The  live  loads  for  which  any  and  every  floor  may  be  designed  shall 
be  clearly  shown  in  the  application  and  on  the  plans  before  any 
permit  to  erect  is  issued. 

4.  Concentrated  loads.  Every  steel  floor  beam  in  any  building 
hereafter  erected  used  for  any  business  purpose  shall  be  capable  of 
sustaining  a live  load  concentrated  at  its  centre  of  at  least  4,000 
pounds. 

5.  Moving  loads.  Running  machinery  or  other  moving  loads 
shall  be  considered  as  increasing  the  live  loads  in  proportion  to  the 
degree  of  vibratory  impulse  transmitted  to  the  floor. 

6.  Roof  loads.  Every  roof  hereafter  erected  shall  be  propor- 


UUILDING  CODE 


13 


tioned  to  bear  safely  a live  load  of  40  pounds  per  square  foot  of  sur- 
face when  the  pitch  of  such  roof  is  twenty  degrees  or  less  with  the 
horizontal,  and  thirty  pounds  per  square  foot  measured  on  a hori- 
zontal plane,  when  the  pitch  is  more  than  twenty  degrees. 

7.  Loads  on  vertical  supports.  Every  column,  post  or  other 
vertical  support  shall  be  of  sufficient  strength  to  bear  safely  the 
combined  live  and  dead  loads  of  such  portions  of  each  and  every 
floor  as  depend  upon  it  for  support,  except  that  in  buildings  more 
than  five  stories  in  height  the  live  load  on  the  floor  next  below  the 
top  floor  may  be  assumed  at  ninety-five  per  cent,  of  the  allowable 
live  load,  on  the  next  lower  floor  at  ninety  per  cent,  and  on  each 
succeeding  lower  floor  at  correspondingly  decreasing  percentages, 
provided  that  in  no  case  shall  less  than  fifty  per  cent,  of  the  allow- 
able live  load  be  assumed. 

8.  Sidewalk  loads.  For  sidewalks  between  the  curb  and  building 
lines,  the  live  load  shall  be  taken  at  300  pounds  per  square  foot. 

9.  Yard  and  court  loads.  For  yards  and  courts  inside  the  build- 
ing line,  the  live  loads  shall  be  taken  at  not  less  than  120  pounds  per 
square  foot. 

§ 54.  Wind  pressure. 

1.  When  considered.  All  buildings  over  150  feet  in  height  and  all 
buildings  or  parts  of  buildings  in  which  the  height  is  more  than  four 
times  the  minimum  horizontal  dimension,  shall  be  designed  to  resist 
a horizontal  wind  pressure  of  30  pounds  for  every  square  foot  of 
exposed  surface  measured  from  the  ground  to  the  top  of  the  struc- 
ture, including  roof,  allowing  for  wind  in  any  direction. 

2.  Stability.  The  overturning  moment  due  to  wind  pressure 
shall  not  exceed  75  per  cent,  of  the  moment  of  stability  of  the  struc-: 
ture,  unless  the  structure  is  securely  anchored  to  the  foundation. 
Anchors  shall  be  of  sufficient  strength  to  safely  carry  the  excess 
overturning  moment,  without  exceeding  the  working  stresses  pre-^ 
scribed  in  this  chapter. 

3.  Allowable  stresses.  When  the  stress  in  any  member  due  to 
wind  does  not  exceed  50  per  cent,  of  the  stress  due  to  live  and  dead 
loads,  it  may  be  neglected.  When  such  stress  exceeds  50  per  cent, 
of  the  stress  due  to  live  and  dead  loads,  the  working  stresses  pre- 
scribed in  this  chapter  may  be  increased  by  50  per  cent,  in  designing 
such  member  to  resist  the  combined  stresses. 

§ 55.  Floor  capacities. 

1.  Estimate  of  floor  capacity.  In  every  building  now  existing  or 
hereafter  erected,  occupied  wholly  or  in  part  as  a business  building, 
in  which  heavy  materials  are  kept  or  stored,  or  machinery  is  intro- 
duced, the  weight  that  each  floor  will  safely  sustain  shall  be  esti- 
mated by  the  owner  or  occupant,  or  by  a competent  person  employed 
by  the  owner  or  occupant.  Such  estimate  shall  be  filed  with  the 
superintendent  of  buildings,  properly  verified  by  the  person  making 
,the  same  in  such  manner  as  such  superintendent  may  direct,  and 
shall  give  full  information  on  which  the  estimate  is  based.  When 
such  estimate  is  found  to  be  satisfactory  and  correct,  the  superin- 
tendent of  buildings  shall  approve  the  same 

If  the  superintendent  of  buildings  shall  have  cause  to  doubt  the 
correctness  of  said  estimate,  he  is  empowered  to  revise  and  correct 


14 


CHAPTER  5 


the  same  and  for  the  purpose  of  such  revision  the  officers  and  em- 
ployes of  the  bureau  of  buildings  may  enter  any  building  and  re- 
move so  much  of  any  floor  or  other  portion  thereof  as  may  be  re- 
quired to  make  necessary  measurements  and  examination.  Any 
expense  necessarily  incurred  in  removing  any  floor  or  other  portion 
of  any  building  for  the  purpose  of  making  any  examination  herein 
provided  for  shall  be  paid  by  the  comptroller,  upon  the  requisition 
of  the  superintendent  of  buildings,  out  of  the  fund  paid  over  to  him 
under  the  provisions  of  § 639  of  this  chapter.  Such  expenses  shall 
be  a charge  against  the  person  or  persons  by  whom  or  on  whose 
behalf  said  estimate  was  made,  provided  such  examination  proves 
the  floors  of  insufficient  strength  to  carry  with  safety  the  loads 
found  upon  them  when  such  examination  was  made;  and  shall  be 
collected  in  an  action  to  be  brought  by  the  corporation  counsel 
against  said  person  or  persons,  and  the  sum  so  collected  shall  be 
paid  over  to  the  comptroller,  to  be  deposited  in  said  fund  in  reim- 
bursement of  the  amount  paid  as  aforesaid. 

2.  Posting  floor  capacities.  Before  any  building  hereafter  erected 
is  occupied,  in  whole  or  in  part,  as  a business  building,  and  before 
any  building  already  erected  but  not  heretofore  occupied  as  a busi- 
ness building  is  occupied  or  used,  in  whole  or  in  part,  for  such  pur- 
pose, the  safe  live  load  for  each  floor  as  approved  by  the  superin- 
tendent of  buildings  shall  be  posted  in  a conspicuous  place  in  the 
story  to  which  it  relates.  When  the  safe  live  load  for  any  existing 
floor,  ascertained  as  hereinbefore  provided,  has  been  approved  by 
the  superintendent  of  buildings,  the  owner  or  occupant  shall  post 
such  approved  live  load  in  a conspicuous  place  or  places  on  each 
story  occupied  for  any  of  the  purposes  indicated  in  this  section. 

3.  Loading  of  floors.  No  person  shall  place,  or  cause  or  permit 
to  be  placed,  on  any  floor  of  any  building  any  greater  load  than  the 
approved  safe  load. 

4.  Safes.  No  safe  shall  be  placed  on  a stair  landing  or  in  a stair 
hall,  nor  shall  its  weight  be  carried  by  any  beam  which  also  carries 
the  floor  of  any  landing  or  stair  hall. 

Section  2.  The  list  of  Articles  at  the  head  of  Chapter  5 of  the  Code 
of  Ordinances  of  the  City  of  New  York  is  hereby  amended  by  sub- 
stituting ^‘Working  stresses  and  loads’^  for  ^‘Strength  of  materials 
as  the  title  of  Article  5. 

Article  J+, — Classification  of  Buildings. 

• As  amended  Sept,  i,  1915.  > 

Section  70.  Occupancy. 

71.  Construction. 

72.  When  buildings  are  required  to  be  fireproof. 

73.  When  buildings  may  be  non-fireproof. 

Section  70.  Occupancy.  1.  Classes  designated.  For  the  pur- 
poses of  this  chapter  all  buildings  or  structures  shall  be  classified, 
with  respect  to  occupancy  and  use,  as  public  buildings,  residence 
buildings  and  business  buildings,  as  hereinafter  specified  and 
defined. 

2.  Public  buildings.  Public  buildings  are  buildings  or  parts  of 


BUILDING  CODE 


15 


buildings  in  which  persons  congregate  for  civic,  political,  educa- 
tional, religious  or  recreational  purposes,  or  in  which  persons  are 
harbored  to  receive  medical,  charitable  or  other  care  or  treatment, 
or  in  which  persons  are  held  or  detained  by  reason  of  public  or  civic 
duty,  or  for  correctional  purposes,  including  among  others,  court 
houses,  schools,  colleges,  libraries,  museums,  exhibition  buildings, 
lecture  halls,  churches,  assembly  halls,  lodge  rooms,  dance  halls, 
theatres,  bath  houses,  hospitals,  asylums,  armories,  fire  houses, 
police  stations,  jails  and  passenger  depots. 

3.  Residence  buildings.  Residence  buildings  are  buildings  or 
parts  of  buildings  in  which  sleeping  accommodations  are  provided, 
except  such  as  may  for  other  reasons  be  classed  as  public  buildings, 
including  among  others,  dwellings,  tenement  houses,  hotels,  lodging 
houses,  dormitories,  convents,  and  studios  and  club  houses  having 
sleeping  accommodations. 

4.  Business  buildings.  Business  buildings  are  buildings  or  parts 
of  buildings,  which  are  not  public  buildings  or  residence  buildings, 
including  among  others,  office  buildings,  stores,  markets,  restaurants, 
warehouses,  freight  depots,  car  barns,  stables,  garages,  factories, 
laboratories,  smoke  houses,  grain  elevator  and  coal  pockets. 

5.  Doubtful  classification.  In  case  any  building  is  not  specifically 
provided  for  or  where  there  is  any  uncertainty  as  to  its  classification, 
its  status  shall  be  fixed  by  rule  promulgated  by  the  superintendent 
of  buildings. 

6.  Mixed  occupancy.  In  case  a building  is  occupied  or  used  for 
different  purposes  in  different  parts,  the  provisions  of  this  chapter 
applying  to  each  class  of  occupancy  shall  apply  to  such  parts  of  the 
building  as  come  within  that  class;  and  if  there  should  be  conflicting 
provisions,  the  requirements  securing  the  greater  safety  shall  apply. 

§71.  Construction.  1.  Classes  of  construction.  For  the  purposes 
of  this  chapter,  all  buildings  or  structures  shall  be  classified,  with 
respect  to  construction,  as  fireproof,  non-fireproof  and  frame. 

2.  Fireproof.  Fireproof  buildings  or  structures  are  those  which 
are  constructed  throughout  of  materials  that  will  resist  the  action 
of  fire  and  are  constructed  as  required  in  Article  17  of  this  chapter. 

3.  Non-fireproof.  Non-fireproof  buildings  or  structures  are  those 
which  do  not  conform  to  the  requirements  for  fireproof  buildings  or 
structures,  but  which  are  enclosed  with  walls  of  approved  masonry 
or  reinforced  concrete. 

4.  Frame.  Frame  buildings  or  structures  are  those  of  which  the 
exterior  walls  or  any  parts  thereof  are  of  wood,  or  which  do  not  con- 
form to  the  requirements  for  fireproof  or  non-fireproof  buildings. 

§ 72.  When  buildings  are  required  to  be  fireproof.  1.  New 
buildings.  Every  building  hereafter  erected  shall  be  a fireproof 
building,  as  follows: 

a.  Every  public  building  over  20  feet  high,  in  which  persons  are 
harbored  to  receive  medical,  charitable  or  other  care  or  treatment, 
or  in  which  persons  are  held  or  detained  under  legal  restraint; 

b.  every  other  public  building  over  40  feet  in  height,  or  exceeding 
5,000  square  feet  in  area; 

c.  every  residence  building,  except  tenements,  over  40  feet  in 
height  and  having  more  than  15  sleeping  rooms; 


16 


CHAPTER  5 


d.  every  tenement  house  exceeding  six  stories  or  parts  of  stories 
as  provided  in  the  Tenement  House  Law; 

e.  every  residence  building  having  more  than  15  sleeping  rooms, 
and  exceeding  2,500  square  feet  in  area,  unless  divided  by  interior 
partition  walls  of  approved  masonry  or  reinforced  concrete  into 
sections  of  less  than  2,500  square  feet  area; 

f.  every  other  residence  building  over  75  feet  in  height; 

g.  every  business  building  used  as  a garage  within  the  fire  limits; 
every  garage  within  the  suburban  limits  exceeding  600  square  feet 
in  area  or  15  feet  in  height,  or  not  located  as  provided  in  § 91  of  this 
chapter;  and  every  garage,  outside  these  restricted  areas,  over  40 
feet  in  height; 

h.  every  business  building  used  for  a hazardous  trade  as  indicated 
in  §§  171  and  212  of  chapter  10  of  this  ordinance; 

i.  every  building  over  four  stories  in  height  used  as  a factory  as 
defined  in  the  Labor  Law; 

j.  every  building  or  structure  within  the  fire  limits  or  the  suburban 
limits  used  as  a grain  elevator  or  a coal  pocket; 

k.  every  buisness  building  over  75  feet  in  height; 

l.  every  business  building  within  the  fire  limits  or  the  suburban 
limits  which  exceeds  an  area  of  7,500  square  feet  when  located  on  an 
interior  lot  or  when  facing  on  only  one  street,  or  12,000  square  feet 
when  facing  on  two  streets,  or  15,000  square  feet  when  facing  on 
three  or  more  streets,  provided  that  when  any  such  building  is 
equipped  throughout  with  an  approved  system  of  automatic  sprink- 
lers, fireproof  construction  shall  be  required  only  when  the  areas 
exceed  double  those  herein  specified  for  the  respective  conditions, 
and  provided  also  that  when  any  such  building  is  divided  by  approved 
interior  fire  walls,  fireproof  construction  shall  be  required  only 
when  any  undivided  area  exceeds  7,500  square  feet.  Buildings  of 
greater  areas  than  herein  specified  for  the  respective  conditions  may, 
considering  location  and  purpose,  be  constructed  non-fireproof  by 
special  permission  of  the  superintendent  of  buildings,  provided  they 
do  not  exceed  two  stories  in  height. 

2.  Alterations,  a.  By  extending.  WTien  any  building  now  exist- 
ing is  to  be  enlarged  by  extending  it  on  any  side  so  that  the  enlarged 
building  would  exceed  the  limits  of  height  or  area  specified  in  sub- 
division 1 of  this  section  for  a new  building,  the  extension  or  enlarge- 
ment shall  be  constructed  fireproof,  provided  that,  in  case  the  exist- 
ing building  is  not  of  fireproof  construction,  the  existing  and  new 
portions  of  the  building  shall  be  separated  by  fire  walls. 

b.  By  raising  in  height.  No  building  now  existing  shall  be  raised 
in  height  so  as  to  exceed  the  limits  of  height  specified  in  subdivision  1 
of  this  section  unless  it  is  fireproof. 

§ 73.  When  buildings  may  be  non-fireproof.  1.  New  buildings 
Except  when  required  by  this  article  to  be  fireproof,  or  when  per- 
mitted by  Article  5 or  Article  22  of  this  chapter  to  be  frame,  any 
building  hereafter  erected  may  be  non-fireproof. 

2.  Alterations.  Except  when  required  by  this  article  to  be  fire- 
proof, or  when  permitted  by  Article  5 or  Article  30  of  this  chapter 
to  be  frame,  any  building  which  shall  hereafter  be  enlarged  in  any 
manner,  may  be  non-fireproof. 


BUILDING  CODE 


17 


Article  12. — Excavations  and  Foundations. 

(its  amended  by  ord.  effective  SepL  22 y 1915,) 

Section  230.  Excavations. 

231.  Soil,  bearing  capacity. 

232.  Foundations,  generally. 

233.  Footings. 

234.  Foundation  piers  and  caissons. 

235.  Pile  foundations. 

236.  Foundation  walls. 

237.  Retaining  walls. 

Section  230.  Excavations.  1.  Safeguarding  generally.  Until 
provision  for  permanent  support  has  been  made,  all  excavations 
shall  be  properly  guarded  and  protected  so  as  to  prevent  the  same 
from  becoming  dangerous  to  life  or  limb  and  shall  be  sheet-piled, 
braced  or  shored,  where  necessary  to  prevent  the  adjoining  earth 
from  caving  in,  by  the  person  causing  the  excavation  to  be  made. 

2.  When  retaining  wall  required.  When  an  excavation  is  made 
on  any  lot,  and  provision  for  the  support  of  adjoining  earth  is  not 
otherwise  made  in  accordance  with  law,  the  person  making  such 
excavation  or  causing  it  to  be  made  shall,  at  his  own  cost  and  expense, 
except  as  may  be  provided  in  article  1 1 of  this  chapter  or  as  herein- 
after provided  in  this  section,  build  a retaining  wall  to  support  the 
adjoining  earth;  and  such  retaining  wall  shall  be  carried  to  the 
height  of  the  adjoining  earth,  and  be  properly  protected  by  coping. 

3.  Support  of  neighboring  walls,  a.  When  excavation  exceeds 
ten  feet.  Whenever  an  excavation  is  intended  to  be,  or  shall  be 
carried  to  the  depth  of  more  than  ten  feet  below  the  curb,  the  person 
causing  such  excavation  to  be  made  shall  at  all  times,  if  afforded  the 
necessary  license  to  enter  upon  the  adjoining  land,  and  not  other- 
wise, at  his  own  expense,  preserve  and  protect  from  injury  any  wall, 
building  or  structure,  the  safety  of  which  may  be  affected  by  said 
excavation,  and  support  the  same  by  proper  foundations,  whether 
the  said  wall,  building  or  structure  is  down  more  or  less  than  ten 
feet  below  the  curb.  If  the  necessary  license  is  not  accorded  to  the 
person  making  such  excavation,  then  it  shall  be  the  duty  of  the 
owner  refusing  to  grant  such  license  to  make  such  wall,  building  or 
structure  safe,  and  to  support  the  same  by  proper  foundations; 
and,  when  necessary  for  that  purpose,  such  owner  shall  be  permitted 
to  enter  upon  the  premises  where  such  excavation  is  to  be  made. 

b.  When  excavation  does  not  exceed  ten  feet.  If  such  excavation 
is  not  intended  to  be,  or  shall  not  be,  carried  to  a depth  of  more  than 
10  feet  below  the  curb,  the  owner  of  any  wall,  building  or  structure, 
the  safety  of  which  may  be  affected  by  said  excavation,  shall  pre- 
serve and  protect  the  same  from  injury,  and  support  the  same  by 
proper  foundation;  and,  when  necessary  for  that  purpose,  shall  be 
permitted  to  enter  upon  the  premises  where  such  excavation  is  to 
be  made.  In  case  such  wall,  building  or  structure,  however,  is  so 
located  that  the  curb  to  w’hich  it  is  properly  referred  is  at  a higher 
level  than  the  curb  to  which  the  excavation  is  referred,  such  part  of 
any  necessary  underpinning  or  foundation  as  may  be  due  to  the 
difference  in  curb  levels  shall  be  made  and  maintained  at  the  joint 

2 


IS 


CHAPTER  1) 


expense  of  the  person  causing  the  excavation  to  be  made  and  the 
owner  of  such  wall,  building  or  structure. 

4.  Support  of  party  wall.  In  case  an  adjoining  party  wall  is 
intended  to  be  used  by  the  person  causing  the  excavation  to  be  made 
and  such  party  wall  is  in  good  condition  and  sufficient  for  the  uses 
of  the  existing  and  proposed  buildings  the  person  causing  the  ex- 
cavation to  be  made,  shall,  at  his  own  expense,  preserve  such  party 
wall  from  injury  and  support  the  same  by  proper  foundations,  so 
that  said  party  wall  shall  be  and  remain  practically  as  safe  as  before 
the  excavation  was  commenced. 

5.  Superintendent  of  buildings  may  act.  If  the  person  whose 
duty  it  shall  be  under  the  provisions  of  this  chapter  to  properly 
guard  and  protect  an  excavation,  or  to  prevent  adjoining  earth  from 
caving  in,  or  to  preserve  or  protect  any  wall,  building  or  structure 
from  injury,  shall  neglect  or  fail  so  to  do  after  having  had  a notice  of 
24  hours  from  the  superintendent  of  buildings,  such  superintendent 
may  enter  upon  the  premises  and  employ  such  labor,  and  furnish 
such  materials  and  take  such  steps  as,  in  his  judgment,  may  be 
necessary  to  prevent  adjoining  earth  from  caving  in  or  to  make 
such  wall,  building  or  structure  safe  and  secure,  or  to  prevent  the 
same  from  becoming  unsafe  or  dangerous,  at  the  expense  of  the 
person  whose  duty  it  is  to  keep  the  same  safe  and  secure.  The  City 
of  New  York  or  any  person  doing  the  said  work,  or  any  part  thereof, 
under  and  by  direction  of  a superintendent  of  buildings,  may  being 
and  maintain  an  action  against  the  person  last  herein  referred  to, 
to  recover  the  value  of  the  work  done  and  materials  furnished, 
in  and  about  the  said  premises,  in  the  same  manner  as  if  he  had 
been  employed  to  do  the  work  by  the  said  person. 

§ 231.  Soil,  bearing  capacity.  1.  Indicative  statement  required. 
Applications  for  permits  for  new  buildings,  and,  when  necessary, 
for  alterations  to  existing  building  shall  contain  a statement  of  the 
character  of  the  soil  at  the  level  of  the  footings. 

2.  Presumptive  capacities.  In  the  absence  of  a satisfactory  test 
of  the  sustaining  power  of  the  soil,  different  soils,  excluding  mud, 
shall  be  deemed  to  safely  sustain  the  following  loads  to  the  super- 


ficial foot,  namely: 

Soft  clay 1 ton 

Wet  sand 2 tons 

Firm  clay 2 tons 

Sand  and  clay,  mixed  or  in  layers 2 tons 

Fine  and  dry  sand 3 tons 

Hard  dry  clay 4 tons 

Coarse  sand 4 tons 

Gravel 6 tons 

Soft  rock 8 tons 

Hard  pan 10  tons 

Medium  rock 15  tons 

Hard  rock 40  tons 


In  case  the  soil  under  the  footings  of  any  one  building  is  partly 
rock  and  partly  yielding  soil,  the  bearing  capacity  of  the  yielding 
soil  shall  be  taken  at  not  more  than  one-half  of  the  capacity  other- 
wise allowed. 


BUILDING  CODE 


M) 


3.  Soil  tests.  When  a doubt  arises  as  to  the  safe  sustaining  power 
of  the  soil  upon  which  a building  is  to  be  erected,  the  superintendent 
of  buildings  may  order  borings  to  be  made,  or  he  may  direct  the 
sustaining  power  of  the  soil  to  be  tested  in  accordance  with  the 
methods  established  by  the  rules  of  the  superintendent  of  buildings, 
by  and  at  the  expense  of  the  owner  of  the  proposed  building.  Where 
a test  is  made  of  the  sustaining  power  of  the  soil  the  superintendent 
of  buildings  shall  be  notified  so  that  he  may  be  present  in  person  or 
by  representative.  The  record  of  the  test  shall  be  filed  in  the  bureau 
of  buildings. 

§ 232.  Foundations,  generally.  1.  General  requirements.  Every 
building,  except  buildings  erected  upon  solid  rock  or  upon  wharves 
or  piers  on  the  water  front,  shall  have  foundations  of  brick,  or  other 
approved  masonry,  iron  or  steel,  laid  not  less  than  four  feet  below 
the  surface  of  the  earth,  on  the  solid  ground  or  level  surface  of  rock, 
or  upon  piles  or  ranging  timbers  when  solid  earth  or  rock  is  not  found. 

2.  Protection  of  metal  work.  Where  metal  is  incorporated  in  or 
forms  part  of  a foundation,  it  shall  be  thoroughly  protected  from 
ruse  by  paint,  asphaltum,  concrete,  or  by  such  materials  and  in 
such  manner  as  may  be  approved  by  the  superintendent  of  buildings. 

§ 233.  Footings.  1.  Materials.  The  footings  of  foundation  walls 
shall  consist  of  footing  stones,  concrete,  reinforced  concrete  con- 
struction or  steel  grillages.  Wood  footings  may  be  used  if  they  are 
entirely  below  the  permanent  water  level. 

2.  Footing  stones.  Footing  stones  shall  not  be  less  than  2 by  3 
feet,  they  shall  be  not  less  than  8 inches  in  thickness  for  walls,  nor 
less  than  10  inches  in  thickness  under  piers,  columns  or  posts.  Foot- 
ing stones  shall  be  well  bedded  and  laid  crosswise,  edge  to  edge. 

3.  Concrete  footings.  Concrete  footings  shall  be  not  less  than 
12  inches  thick,  except  that  for  frame  buildings  the  thickness  may 
be  not  less  than  8 inches. 

4.  Steel  grillages.  When  grillage  beams,  resting  on  a proper  con- 
crete bed,  are  used,  they  shall  be  provided  with  separators  and  bolts 
and  shall  be  inclosed  and  filled  solid  between  with  concrete. 

5.  Pressure  under  footings.  For  the  loads  exerting  pressure  under 
the  footings  of  foundations  the  full  dead  loads  and  the  figured  live 
loads  on  the  lowest  tier  of  columns,  piers  or  walls  shall  be  taken. 
For  this  purpose  the  reduced  live  loads  permitted  by  subdivision  7 
of  § 53  of  this  chapter  may  be  used. 

6.  Design.  Footings  shall  be  so  designed  that  the  loads  they 
sustain  per  unit  of  area  shall  be  as  nearly  imiform  as  possible  and 
within  the  bearing  capacities  of  soils  established  by  this  article,  and 
that  the  stresses  in  the  materials  shall  not  exceed  those  fixed  by  this 
chapter.  In  proportioning  the  areas  of  footings  for  any  building  the 
dead  loads  alone  shall  be  considered,  provided,  however,  that  in 
no  case  shall  the  pressure  under  the  footings  as  determined  in  sub- 
division 5 of  this  section,  exceed  the  safe  load  on  the  soil  estabhshed 
by  this  article. 

§ 234.  Foundation  piers  and  caissons.  The  foundations  of  any 
building  may  be  carried  down  to  rock  or  hard  pan  by  isolated  piers 
of  approved  masonry  or  reinforced  concrete,  or  by  open  or  pneu- 
matic caissons,  so  designed  that  the  working  stresses  in  the  ma- 


terials  and  the  loads  on  the  rock  or  hardpan  do  not  exceed  those 
established  by  this  chapter. 

§ 235.  Pile  foundations.  1.  General  requirements.  Piles  in- 
tended to  sustain  a wall  or  building,  or  any  part  thereof,  shall  be 
driven  to  a solid  bearing,  if  practicable  to  do  so,  and  the  method  of 
driving  shall  be  such  as  not  to  impair  their  strength.  No  pile  or 
group  of  piles  shall  be  loaded  eccentrically.  Any  type  of  pile  con- 
struction not  provided  for  in  this  section  shall  meet  such  require- 
ments as  may  be  prescribed  by  the  rules  of  the  superintendent  of 
buildings. 

2.  Wood  piles,  a.  Quality  and  size.  Wood  piles  shall  be  of  ap- 
proved timber,  sound  and  straight.  The  diameter  at  the  point  shall 
be  not  less  than  6 inches.  The  diameter  at  the  butt  shall  be  not 
less  than  10  inches  for  piles  not  over  25  feet  in  length,  and  not  less 
than  12  inches  at  the  butt  for  piles  of  greater  length. 

b.  Allowable  loads.  The  safe  sustaining  power  of  any  wood  pile 
..in  tons  shall  be  taken  as  twice  the  weight  of  the  hammer  in  tons 

multiplied  by  the  height  of  the  fall  in  feet,  divided  by  the  average 
penetration  of  the  pile  in  inches  under  the  last  five  blows,  plus  one, 
when  a drop  hammer  is  used  for  driving,  and  as  twice  the  weight  of 
the  hammer  in  tons  multiplied  by  the  height  of  the  fall  in  feet,  di- 
vided by  the  average  penetration  in  inches  under  the  last  five  blows, 
plus  one-tenth,  when  a steam  hammer  is  used  for  driving,  provided 
that  the  driving  has  reached  such  a point  when  successive  blows 
produce  approximately  equal  penetration.  No  wood  pile,  however, 
shall  be  weighted  with  a lo^  exceeding  20  tons. 

c.  Construction.  The  distance  between  wood  piles  shall  be  not 
more  than  thirty-six  nor  less  than  twenty  inches  on  centers.  The 
tops  of  wood  piles  shall  be  cut  off  below  the  permanent  water  level. 
When  ranging  and  capping  timbers  are  laid  on  piles  for  foundations, 
they  shall  be  of  hard  wood  not  less  than  six  inches  thick  and  prop- 
erly joined  together,  and  their  tops  laid  below  the  permanent  water 
level. 

d.  Meadow  land  construction.  When  wood  piles  are  used  under 
frame  buildings  built  over  the  water  or  on  salt  meadow  land,  they 
may  project  above  the  water  a sufficient  height  to  raise  the  build- 
ing above  high  tide,  and  the  building  may  be  placed  directly  thereon 
without  other  foundation. 

3.  Concrete  piles,  a.  Concrete  filled  steel  tubes.  For  piles  con- 
sisting of  steel  tubes  filled  with  concrete,  the  tubes  shall  have  a 
diameter  of  9 inches  or  more  and  a thickness  of  not  less  than  5-16 
of  an  inch.  The  ends  of  each  tube  shall  be  faced  perpendicular  to 
its  axis.  Splices  shall  be  of  an  approved  design  and  not  more  than 
one  splice  shall  be  used  in  the  total  length  of  the  pile.  The  length 
of  any  such  pile  shall  not  exceed  forty  times  the  inside  diameter  of 
the  tube.  Such  piles  shall  be  driven  to  a full  bearing  on  rock.  The 
allowable  load  on  any  such  pile  shall  not  exceed  500  lbs.  per  square 
inch  on  the  concrete  and  7,500  lbs.  per  square  inch  on  the  steel, 
provided  that  in  computing  the  effective  area  of  the  steel  the  outer 
1-16  inch  of  thickness  shall  be  deducted  from  the  thickness  of  the 
tube.  No  interior  steel  reinforcement  shall  be  used. 

b.  Piles  moulded  before  driving.  Concrete  piles  moulded  and 


BUILDINCJ  CX)DE 


21 


cured  before  driving  shall  not  be  provided  with  more  than  4 per 
cent,  of  longitudinal  reinforcement.  The  diameter  or  lateral  dimen- 
sion of  such  a pile  shall  be  not  less  than  8 inches  at  the  foot  and 
shall  not  average  less  than  12  inches  in  the  length  of  the  pile.  The 
length  shall  not  exceed  twenty  times  the  average  diameter  when 
the  pile  is  driven  to  rock  nor  forty  times  the  average  diameter  in 
any  case.  When  driven  to  rock  the  allowable  load  on  any  such 
pile  shall  not  exceed  500  lbs.  per  square  inch  on  the  concrete  at 
the  average  cross-section  and  6,000  lbs.  per  square  inch  on  the 
longitudinal  reinforcement.  If  driven  to  rock,  the  foot  shall  be 
provided  with  a metal  shoe. 

c.  Piles  moulded  in  place.  Concrete  piles  cast  in  place  shall  be 
so  made  and  placed  as  to  insure  the  exclusion  of  any  foreign  matter, 
and  to  secure  a perfect  full-sized  shaft.  The  average  diameter  of 
any  such  pile  in  place  shall  be  not  less  than  1 1 inches  and  the  diam- 
eter of  the  foot  shall  be  not  less  than  6 inches.  The  length  shall 
not  exceed  thirty  times  the  average  diameter.  The  allowable  load 
shall  not  exceed  350  lbs.  per  square  inch  on  the  concrete. 

d.  Allowable  loads.  When  concrete  piles  are  not  driven  to  rock 
they  shall  be  treated  as  friction  piles  and  their  carrying  capacities 
shall  be  determined  by  test  in  accordance  with  rules  established  by 
the  superintendent  of  buildings;  but  the  stresses  herein  given  for 
the  materials  composing  them  shall  not  be  exceeded  in  any  case. 

e.  Concrete.  The  concrete  for  concrete  piles  shall  be  mixed  in 
the  proportion  of  1 part  Portland  cement  to  not  more  than  2 parts 
of  clean,  coarse  sand,  and  4 parts  of  broken  stone  or  gravel  of  a 
size  passing  through  a 1-inch  ring,  with  sufficient  water  to  produce 
a plastic  or  viscous  consistency. 

4.  Tests.  When  any  doubt  exists  as  to  the  safe  sustaining  power 
of  piles  upon  which  a building  or  structure  is  to  be  supported,  the 
superintendent  of  buildings  may  order  a test  of  the  same  to  be  made 
at  the  expense  of  the  owner  of  the  proposed  building  or  structure 
or  the  person  causing  the  piles  to  be  driven.  The  record  of  every 
such  test  shall  be  filed  in  the  bureau  of  buildings. 

§ 236.  Foundation  walls.  1.  Definition.  Foundation  walls  shall 
be  construed  to  include  all  walls  and  piers  built  below  the  curb  level 
or  the  nearest  tier  of  beams  to  the  curb,  which  serve  as  supports  for 
walls,  piers,  columns,  or  other  structural  parts  of  a building  or 
structure. 

2.  Materials.  Foundation  walls  shall  be  built  of  approved  ma- 
sonry, reinforced  concrete  or  steel  protected  by  masonry.  All 
masonry  foundation  walls  shall  be  laid  in  cement  mortar. 

3.  Thickness.  If  built  of  rubble  stone,  foundation  walls  shall  be 
at  least  8 inches  thicker  than  the  walls  next  above  them,  but  not 
less  than  18  inches  in  any  case.  If  built  of  brick,  concrete  or  hollow 
building  blocks,  they  shall  be  at  least  4 inches  thicker  than  the 
walls  next  above  them,  but  not  less  than  12  inches  thick  in  any  case. 
For  each  additional  10  feet,  or  part  thereof,  below  the  depth  of  12 
feet  below  the  curb  level,  the  thickness  shall  be  increased  4 inches. 

4.  Brick.  When  brickwork  in  foundation  walls  is  stepped  up 
from  the  footings,  the  offsets,  if  laid  in  single  courses,  shall  not  ex- 
ceed 1 inches,  or  if  laid  in  double  courses,  shall  not  exceed  3 inches. 


22 


CHAPTER  5 


5.  Stone.  Rubble  stone  masonry,  unless  built  in  dressed,  level 
courses,  shall  not  be  used  for  buildings  exceeding  75  feet  in  height. 

6.  Hollow  building  blocks.  Foundation  walls  of  hollow  building 
blocks  may  be  used  only  when  the  upper  walls  are  of  frame  or  hollow 
building  block  construction.  The  hollow  spaces  in  the  blocks  shall 
be  filled,  as  the  construction  progresses,  with  concrete  of  not  less 
than  1 part  of  cement  to  9 parts  of  aggregate. 

§ 237.  Retaining  walls.  All  walls  built  to  retain  or  support  ad- 
joining earth  or  rock,  including  foundation  walls  subjected  to  pres- 
sure from  adjoining  earth  or  rock,  shall  be  constructed  of  approved 
masonry  or  reinforced  concrete  and  so  designed  that  in  resisting 
the  pressures  to  which  they  are  subjected,  including  any  water 
pressure  that  may  exist,  the  working  stresses  of  the  materials  shall 
not  be  exceeded,  the  soil  shall  not  be  overloaded  and  the  stability 
of  the  wall  shall  be  insured. 

Article  IS. — Masonry  Construction. 

(As  amended  by  ord.  effective  Oct.  6,  1915.) 

Section  250.  Definitions. 

251.  Construction. 

252.  Brick  masonry. 

253.  Stone  masonry. 

254.  Hollow  building  block  masonry. 

255.  Ashlar. 

256.  Mortar. 

257.  Wall  thicknesses. 

258.  Existing  walls. 

259.  Parapet  walls. 

260.  Hollow  walls. 

261.  Recesses  and  chases. 

262.  Miscellaneous  requirements. 

263.  Masonry  arches. 

Section  250.  Definitions.  For  the  purposes  of  this  chapter: 

a.  approved  masonry  means  masonry  constructed  in  accordance 
with  the  requirements  of  this  article,  of  the  materials  specified 
therein; 

b.  bearing  wall  means  any  wall  which  carries  any  load  other  than 
its  own  weight; 

c.  height,  as  applied  to  a wall,  means  the  vertical  distance  to  the 
top  measured  from  the  foundation  wall,  or  from  a girder  or  other 
immediate  support  of  such  wall. 

§ 251.  Construction.  1.  Materials.  Approved  masonry  shall 
be  constructed  of  brick,  stone,  concrete,  hollow  building  blocks,  or 
a combination  of  these  materials  as  provided  in  this  article.  It 
shall  be  properly  and  solidly  bonded  with  joints  filled  with  mortar. 

2.  Protection  against  freezing.  No  masonry  shall  be  built  when 
the  temperature  is  below  28  degrees  F.  on  a rising  temperature  or 
32  on  a falling  temperature  at  the  point  where  the  work  is  in  progress. 
No  frozen  materials  shall  be  built  upon. 

3.  Wetting  brick.  All  brick  shall  be  thoroughly  wet  just  previous 


BUILDING  CODE 


23 


to  being  laid,  except  in  freezing  weather,  when  they  shall  be  thor- 
oughly dry. 

4.  Erection  of  walls  and  piers.  Masonry  walls  and  piers  shall  be 
built  to  a line  and  carried  up  plumb.  In  each  story  the  walls  shall 
be  carried  up  full  thickness  to  the  top  of  the  beams  above.  No 
wall  of  any  building  shall  be  built  up  more  than  two  stories  in  ad- 
vance of  any  other  portions  of  the  walls  of  the  building,  provided 
that  where  walls  are  carried  independently  by  girders  at  each  floor 
this  provision  shall  not  apply.  All  walls  that  meet  or  intersect  shall 
be  bonded  or  anchored  to  each  other  in  an  approved  manner.  Any 
pier  having  less  than  four  square  feet  of  cross  section  when  located 
at  an  intersection  with  a wall  shall  be  bonded  into  and  built  as  part 
of  that  wall. 

5.  Piers.  Every  pier  supporting  a girder,  arch,  column  or  lintel 
spanning  an  opening  over  10  feet,  upon  which  a wall  rests,  shall  be 
built  of  approved  masonry.  Every  such  pier  having  a height  of 
more  than  ten  times  its  least  dimension,  and  every  isolated  pier 
built  of  brick  or  hollow  building  blocks,  having  less  than  9 square 
feet  of  cross  section  shall,  at  vertical  intervals,  of  not  more  than 
30  inches,  have  built  into  it  bond  stones  not  less  than  4 inches  thick, 
or  approved  perforated  steel  or  cast  iron  plates  of  the  full  size  of  the 
pier.  Isolated  piers  shall  not  exceed  in  height  ten  times  their  least 
dimension. 

6.  Arches  and  lintels.  Door  and  window  openings  in  walls  shall 
be  spanned  by  arches,  or  lintels  having  a bearing  at  each  end  of  not 
less  than  5 inches.  In  walls  of  non-fireproof  buildings,  when  the 
thickness  of  the  lintel  is  less  than  the  thickness  of  the  wall  to  be 
supported,  a timber  lintel  may  be  placed  on  the  inside  of  the  wall 
resting  at  each  end  not  more  than  2 inches  on  the  wall,  and  cham- 
bered or  cut  to  serve  as  centre  for  a rowlock  or  keyed  arch.  When 
the  opening  is  more  than  6 feet  in  width,  templates  shall  be  provided 
under  the  ends  of  lintels  resting  on  the  walls,  unless  the  pressure 
under  the  lintel  does  not  cause  a working  stress  in  the  masonry 
greater  than  specified  in  article  3 of  this  chapter. 

7.  Timber  in  walls.  No  timber,  except  lintels,  provided  for  in 
subdivision  6 of  this  section,  and  nailing  blocks  not  over  8 inches  in 
length,  shall  be  placed  in  any  masonry  wall. 

8.  Bracing  during  construction.  The  walls  and  beams  of  every 
building  during  erection  or  alteration  shall  be  strongly  braced  from 
the  beams  of  each  story,  and  when  required  shall  also  be  braced 
from  the  outside  until  the  building  is  enclosed. 

§ 252.  Brick  masonry.  Except  when  laid  in  flemish  bond  or 
faced  with  running  bond,  every  sixth  course  in  brick  walls  shall  be 
a heading  com^se.  When  running  bond  is  used,  every  sixth  course 
shall  be  bonded  into  the  backing  by  cutting  the  course  of  the  face 
brick  and  putting  in  diagonal  headers  behind  the  same,  or  by  split- 
ting the  face  brick  in  half  and  backing  the  same  with  a continuous 
row  of  headers.  Where  face  brick  is  used  of  a different  thickness 
from  the  brick  used  for  backing,  the  courses  of  the  face  brick  and 
backing  shall  be  brought  to  a level  at  intervals  of  not  more  than 
six  courses  in  height  of  the  backing,  and  the  face  brick  shall  be  prop- 
erly tied  to  the  backing  by  a full  heading  course  of  the  face  brick  or 


24 


CHAPTER  O 


other  approved  method.  Face  brick  shall  be  laid  at  the  same  time  as 
the  backing,  and  shall  in  no  case  be  laid  after  the  backing  is  in  place. 

§ 253.  Stone  masonry.  1.  Workmanship.  No  stone  shall  be 
laid  in  a wall  in  any  other  position  than  on  its  natural  bed.  Stones 
shall  be  firmly  bedded  in  cement  mortar  and  all  spaces  and  joints 
thoroughly  filled.  No  stone  shall  be  used  that  does  not  bond  or 
extend  into  the  wall  at  least  6 inches.  All  headers  shall  be  at  least 
12  inches  in  width  and  8 inches  in  thickness,  and  consist  of  good 
flat  stones. 

2.  Bond.  All  stone  walls  24  inches  or  less  in  thickness  shall  have 
at  least  one  header  extending  through  the  wall  in  every  3 feet  in 
height  from  the  bottom  of  the  wall,  and  in  every  3 feet  in  length, 
and  if  over  24  inches  in  thickness,  shall  have  one  header  for  every 
6 superficial  feet  on  both  sides  of  the  wall,  laid  on  top  of  each  other 
to  bond  together,  and  running  into  the  wall  at  least  2 feet. 

3.  Limitation.  Rubble  stone  walls,  except  for  foundations,  shall 
not  be  used  in  buildings  over  60  feet  high. 

§ 254.  Hollow  building  block  masonry.  1.  Construction.  Where 
walls  of  hollow  building  blocks  are  decreased  in  thickness,  the  blocks 
in  the  top  course  of  the  thicker  wall  shall  be  filled  solidly  with  con- 
crete or  covered  with  slabs  of  hard  burned  terra  cotta  or  concrete 
at  least  1 inch  in  thickness.  Terra  cotta  or  concrete  templates  of 
approved  size  and  thickness  shall  be  placed  under  all  floor  beams 
and  girders  to  properly  distribute  the  loads. 

2.  Veneering.  Hollow  building  blocks  of  terra  cotta  used  in  ex- 
terior walls  shall  be  extra  hard  burned  or  veneered  with  brick, 
architectural  terra  cotta,  or  stone,  or  covered  on  the  exposed  surface 
with  at  least  three-quarters  of  an  inch  of  portland  cement  stucco. 
When  walls  of  hollow  building  blocks  are  veneered  with  brick,  the 
facing  shall  be  bonded  to  the  backing  with  headers  every  sixth 
course  of  the  brickwork. 

3.  Limitation.  Walls  of  hollow  building  blocks  shall  not  be  used 
in  buildings  over  forty  feet  in  height,  except  that  in  buildings  of 
skeleton  construction  terra  cotta  blocks  with  shells  and  webs  not 
less  than  one  inch  thick,  faced  with  at  least  four  inches  of  brick- 
work properly  bonded  as  specified  in  this  section,  may  be  used. 

§ 255.  Ashlar.  Stone,  architectural  terra  cotta  or  other  approved 
material,  used  for  the  facing  of  any  wall  and  known  as  ashlar,  shall 
be  not  less  than  4 inches  thick.  Such  ashlar  shall  be  anchored  to 
the  wall  in  an  approved  manner.  Within  the  fire  lirnits  ashlar  shall 
not  be  used  in  any  wall  the  total  thickness  of  which  is  less  than 
12  inches. 

§ 256.  Mortar.  In  the  following  masonry  construction  no  mortar 
other  than  cement  mortar  shall  be  used: 

a.  Foundation  walls  and  footings; 

b.  Rubble  stone  walls; 

c.  Hollow  building  block  construction; 

d.  Walls  faced  with  ashlar; 

e.  Isolated  piers; 

f.  Curtain  walls; 

g.  Exterior  walls  of  skeleton  structures; 

h.  Parapet  walls; 


BUILDING  CODE 


25 


1.  Chimneys  above  roofs; 

j.  Linings  of  existing  walls. 

§ 257.  Wall  thicknesses.  1.  Application,  a.  The  thickness  of 
masonry  walls  shall  in  all  cases,  irrespective  of  any  other  require- 
ments of  this  section,  be  sufficient  to  keep  the  stresses  in  the  masonry 
within  the  working  stresses  prescribed  by  this  chapter. 

b.  The  heights  herein  specified,  unless  otherwise  clearly  indicated, 
are  the  heights  of  walls  as  defined  in  § 250. 

c.  In  all  cases  the  wall  thicknesses  herein  specified  shall  be  ap- 
plied to  the  nearest  tier  of  beams  to  the  height  specified. 

d.  Nothing  in  this  section  shall  prevent  the  use  in  any  wall  of  the 
same  amount  of  material  in  piers  and  buttresses  as  is  required  for  the 
thickness  herein  prescribed. 

e.  The  unsupported  height  of  any  wall  or  part  thereof  shall  not 
exceed  twenty  times  the  thickness  of  such  unsupported  part,  unless 
reinforced  by  adequate  crosswalls,  buttresses  or  columns. 

2.  Residence  buildings.  Except  as  hereinafter  provided,  the 
thicknesses  of  masonry  walls  of  residence  buildings  hereafter  erected 
shall  be  not  less  than  the  following: 

a.  when  over  75  feet  in  height,  12  inches  for  the  uppermost  25 
feet,  16  inches  for  the  next  lower  35  feet,  20  inches  for  the  next  lower 
40  feet,  with  a 4-inch  increase  for  each  additional  lower  section  of 
40  feet; 

b.  when  not  over  75  feet  in  height,  12  inches  for  the  uppermost 
55  feet,  and  16  inches  below  that. 

3.  Public  and  business  buildings.  Except  as  hereinafter  pro- 
vided the  thicknesses  of  masonry  walls  of  public  and  business  build- 
ings hereafter  erected  shall  be  not  less  than  the  following: 

a.  when  over  75  feet  in  height,  16  inches  for  the  uppermost  25 
feet,  20  inches  for  the  next  lower  35  feet,  24  inches  for  the  next 
lower  40  feet,  and  increasing  4 inches  for  each  additional  lower 
section  of  40  feet; 

b.  when  over  60  feet  and  not  over  75  feet  in  height,  16  inches  for 
the  uppermost  50  feet,  and  20  inches  below  that; 

c.  when  over  40  feet  and  not  over  60  feet  in  height,  12  inches  for 
the  uppermost  20  feet,  and  16  inches  below  that. 

d.  when  not  over  40  feet  in  height,  12  inches  throughout. 

4.  Increased  thickness,  when  required,  a.  Every  bearing  wall 
with  face  brick  bonded  with  clip  courses  or  tiers,  and  eveiy  bearing 
wall  faced  with  ashlar  shall  have  a total  thickness  of  at  least  4 inches 
more  than  otherwise  required  unless  the  ashlar  is  at  least  8 inches 
thick  in  every  alternate  course  and  bonded  to  the  wall. 

b.  Every  wall  built  of  rubble  stone  shall  have  a thickness  at  least 
4 inches  more  than  required  by  subdivisions  2 and  3 of  this  section, 
but  no  such  stone  wall  shall  be  less  than  18  inches  thick. 

c.  When  the  clear  span  between  bearing  walls  is  over  26  feet,  such 
walls  shall  be  increased  4 inches  in  thickness  for  every  123^  feet  or 
part  thereof  that  said  span  is  over  26  feet. 

d.  All  walls  over  105  feet  long  between  cross-walls  or  proper  piers 
or  buttresses,  shall  be  increased  in  thickness  over  the  minimum 
requirement  at  least  4 inches  for  every  105  feet,  or  part  thereof, 
over  105  feet  in  length. 


26 


CHAPTER  5 


e.  If  the  horizontal  section  through  a bearing  wall  shows  more 
than  thirty  per  cent,  area  of  flues  and  openings  such  part  of  the 
wall  where  the  excessive  openings  exist  shall  be  increased  four  inches 
in  thickness  over  minimum  requirements  for  every  fifteen  per  cent., 
or  fraction  thereof,  of  flue  or  opening  area  in  excess  of  thirty  per 
cent.,  provided  that  if  such  wall  be  laid  up  in  portland  cement  mortar 
the  increase  in  thickness  shall  be  required  only  when  the  area  of 
flues  and  openings  exceeds  forty-five  per  cent.;  or,  instead  of  increas- 
ing such  wall  in  thickness,  adequate  piers  or  buttresses  shall  be 
provided. 

f.  In  case  any  wall  is  increased  in  thickness  in  accordance  with 
one  of  the  requirements  of  this  subdivision,  it  will  not  be  necessary 
to  further  increase  the  thickness  to  meet  another  requirement  of 
this  subdivision,  unless,  in  the  judgment  of  the  superintendent  of 
buildings,  the  safety  of  the  wall  demands  it. 

5.  One  story  buildings.  In  one  story  buildings  the  w^alls  may  be 
8 inches  thick,  provided  that  no  such  wall  exceeds  50  feet  in  length 
between  cross-walls  or  adequate  buttresses. 

6.  Small  residence  buildings.  In  any  residence  building  outside 
the  fire  limits  and  in  any  residence  building  not  more  than  twenty 
feet  in  width  within  the  fire  hmits,  bearing  walls  of  brick  may  be 
eight  inches  in  thickness,  provided  such  buildings  are  not  more 
than  forty  feet  in  height  and  that  the  eight-inch  walls  do  not  exceed 
fifty  feet  in  length  between  cross-walls  or  adequate  buttresses, 
except  that  when  the  walls  are  not  pierced  by  openings  of  any  kind 
such  length  may  be  sixty  feet. 

7.  Residence  buildings  outside  the  fire  limits.  Outside  of  the  fire 
limits  the  buttresses  of  walls  of  hollow  building  blocks  shall  be  not 
less  than  8 inches  for  the  uppermost  20  feet,  10  inches  for  the  next 
lower  10  feet,  and  12  inches  for  the  next  lower  10  feet. 

8.  Non-bearing  walls.  The  thicknesses  of  non-bearing  walls  of 
residence  buildings,  or  of  public  and  business  buildings  may  be 
4 inches  less  than  those  specified,  respectively,  in  subdivisions  2 
and  3 of  this  section  for  walls  of  corresponding  height,  provided  that 
no  such  wall  shall  be  less  than  12  inches  thick  nor  extend  for  more 
than  55  feet  in  height  without  any  increase  of  thickness. 

9.  Curtain  walls.  Non-bearing  walls  built  between  piers  or  metal 
columns  shall  be  not  less  than  12  inches  thick  for  the  uppermost 
60  feet  of  height,  increasing  4 inches  in  thickness  for  each  next  lower 
section  of  60  feet. 

10.  Walls  of  skeleton  structures.  Masonry  walls  supported  at 
each  story  by  girders  may  be  12  inches  thick  for  the  entire  height 
of  the  building. 

11.  Interior  walls,  a.  In  residence  buildings,  interior  walls  of 
brick  or  concrete,  whether  bearing  or  non-bearing  walls,  may  be 
8 inches  thick  for  the  uppermost  55  feet  and  12  inches  for  the  next 
lower  20  feet,  provided  that  no  such  wall  shall  exceed  75  feet  in 
height  nor  30  feet  in  length  between  cross-walls  or  buttresses. 

b.  Interior  walls  over  75  feet  in  height  may  be  reduced  in  thick- 
ness in  such  proportion  to  the  number  of  cross-walls,  piers  or  but- 
tresses, and  their  nearness  to  each  other,  as  may  be  deemed  safe 
by  the  superintendent  of  buildings,  provided,  however,  that  such 


BUILDING  CODE  27 

walls  shall  be  not  less  than  12  inches  thick  at  the  top,  and  shall  be 
gradually  increased  in  thickness  to  the  bottom. 

§ 258.  Existing  walls.  1.  When  use  is  permitted  without  change. 
Walls  heretofore  built,  whose  thickness  at  the  time  of  their  erection 
was  in  accordance  with  the  requirements  of  the  then  existing  laws, 
but  which  are  not  in  accordance  with  the  requirements  of  this  chap- 
ter, may  be  used  without  change,  if  in  good  condition,  in  buildings 
hereafter  erected  or  altered,  provided  the  stresses  in  the  masonry 
do  not  exceed  the  working  stresses  prescribed  by  this  chapter  and 
the  height  of  such  walls  be  not  increased  except  in  so  far  as  may  be 
necessary  to  make  the  height  uniform. 

2.  Lining  walls.  In  case  it  is  desired  to  use  and  increase  the 
height  of  any  existing  wall  which  is  less  in  thickness  than  required 
by  this  chapter,  such  wall  shall  be  reinforced  by  a lining  of  brick- 
work so  that  the  combined  thickness  with  the  old  wall  shall  be  not 
less  than  4 inches  more  than  the  thickness  required  for  a new  wall 
corresponding  with  the  total  height  of  the  wall  when  increased  in 
height,  provided  that  such  lining  shall  not  be  used  to  a greater  height 
than  forty  feet  and  that  such  wall  shall  not  be  increased  to  exceed 
seventy-five  feet  in  height.  Such  lining  shall  be  supported  on  proper 
foundations,  and  shall  be  not  less  than  eight  inches  in  thickness, 
and  thoroughly  anchored  to  the  old  wail  with  suitable  anchors, 
placed  two  feet  apart  and  properly  fastened  or  driven  into  the  old 
wall  in  rows,  alternating  vertically  and  horizontally  with  each  other, 
the  old  wall  being  first  cleaned  of  plaster  or  other  coatings  where 
any  lining  is  to  be  built  against  the  same.  No  wall,  however,  shall 
be  lined  unless  in  good  condition  and  not  until  the  approval  of  the 
superintendent  of  buildings  has  been  given. 

§ 259.  Parapet  walls.  All  exterior  and  division  or  party  walls  of 
masonry  over  15  feet  high,  except  in  detached  buildings  with  over- 
hanging roofs,  or  where  such  walls  are  to  be  finished  with  cornices, 
gutters  or  crown  mouldings,  shall  have  parapet  walls  carried  above 
the  roof.  For  residence  buildings  parapet  walls  shall  be  not  less 
than  eight  inches  thick  and  carried  at  least  two  feet  above  the  roof, 
except  that  in  party  walls  between  buildings  of  the  same  height  and 
not  over  forty  feet  in  height,  such  parapet  shall  be  not  less  than 
eight  inches  above  the  roof.  For  public  and  business  buildings 
parapet  walls  shall  be  not  less  than  twelve  inches  thick,  and  carried 
at  least  three  feet  above  the  roof.  All  parapet  walls  shall  be  coped 
with  stone,  terra  cotta,  concrete  or  cast  iron. 

§ 260.  Hollow  walls.  In  all  walls  that  are  built  hollow  the  same 
amount  of  masonry  shall  be  used  in  their  construction  as  if  they 
were  built  solid,  as  in  this  chapter  provided,  and  no  hollow  wall  shall 
be  built  unless  the  parts  of  same  are  connected  by  proper  ties,  either 
of  brick,  stone  or  iron,  placed  not  over  24  inches  apart. 

§ 261.  Recess  and  chases.  1.  Stairway  and  elevator  recesses. 
Recesses  for  stairways  or  elevators  may  be  left  in  the  foundation 
walls  of  buildings,  but  in  no  case  shall  the  walls  be  of  less  thickness 
than  the  walls  of  the  fourth  story,  unless  reinforced  by  additional 
piers  with  iron  or  steel  girders,  or  iron  or  steel  columns  and  girders, 
securely  anchored  to  walls  on  each  side. 

2.  Alcoves.  Recesses  for  alcoves  and  similar  purposes  shall  have 


28 


CHAPTER  5 


not  less  than  8 inches  of  brickwork  at  the  back  of  such  recesses,  and 
such  recesses  shall  be  not  more  than  8 feet  in  width,  and  shall  be 
arched  over  or  spanned  with  iron  or  steel  lintels,  and  not  carried  up 
higher  than  18  inches  below  the  bottom  of  the  beams  of  the  floor 
next  above. 

3.  Pipe-chases.  No  chase  for  pipes  or  other  purpose  shall  extend 
into  any  wall  more  than  one-third  of  its  thickness.  No  horizontal 
chase  in  any  wall  shall  exceed  4 feet  in  length.  No  chase  shall  be 
made  within  the  required  area  of  any  pier.  Chases  shall  not  be 
cut  in  walls  of  hollow  block  construction,  but  may  be  provided  by 
properly  formed  blocks.  Chases  shall  be  filled  up  with  solid  ma- 
sonry within  the  floor  thickness  at  each  story. 

4.  Limitations.  The  aggregate  area  of  recesses  and  chases  in 
any  wall  shall  not  exceed  one-fourth  of  the  whole  area  of  the  face 
of  the  wall  on  any  story.  No  recess  shall  be  made  within  a distance 
of  6 feet  from  any  other  recess  in  the  same  wall. 

§ 262.  Miscellaneous  requirements.  1.  Hollow  brick.  The 
inside  4 inches  of  walls  may  be  built  of  hard-burnt  hollow  brick, 
properly  tied  and  bonded  into  the  walls  and  of  the  dimension  of 
ordinary  bricks. 

2.  Furring.  Where  hollow  blocks  of  any  kind  are  used  as  furring 
for  walls,  they  shall  not  be  included  in  the  measurement  of  the 
thickness  of  such  walls. 

3.  Fire  stops.  In  all  wa,lls  furred  with  wood,  the  brickwork  be- 
tween the  ends  of  wood  beams  shall  project  the  thickness  of  the 
furring  beyond  the  inner  face  of  the  wall  for  the  full  depth  of  the 
beams. 

§ 263.  Masonry  arches.  All  masonry  arches  shall  be  capable  of 
sustaining  the  weight  and  pressure  which  they  are  to  carry,  and  the 
stress  at  any  point  shall  not  exceed  the  working  stresses  prescribed 
by  this  chapter.  Tie  rods  shall  be  used  where  necessary  to  resist  the 
thrust. 


Article  14* — Wood  Construction. 

(As  amended  May  I,  1915.) 

Section  280.  Wood  beams  and  girders. 

281.  Wood  columns  and  posts. 

282.  Bolting. 

283.  Stud  partitions. 

284.  Fire  stops. 

Section  280.  Wood  beams  and  girders.  1.  Width  of  beams.  No 
wood  floor  or  roof  beam  used  in  any  building  hereafter  erected 
within  the  fire  limits  shall  be  less  than  three  inches  thick. 

2.  Supports.  Every  wood  beam,  except  header  and  tail  beams, 
shall  have  bearings  of  at  least  four  inches.  The  ends  of  all  such 
beams,  where  they  rest  on  brick  walls,  shall  be  cut  to  a level  of  three 
inches  in  their  depth.  In  no  case,  except  in  frame  buildings,  shall 
either  end  of  a floor  or  roof  beam  be  supported  on  stud  partitions. 
All  wood  trimmer,  header  and  tail  beams  over  four  feet  in  length, 
unless  supported  on  a wall  or  girder,  shall  be  hung  in  approved 
metal  stirrups  or  hangers. 


BUILDING  CODE 


29 


3.  Bridging.  All  wood  floor  and  roof  beams  shall  be  properly 
braced  with  cross  bridging.  The  distance  between  bridging  or  be- 
tween bridging  and  bearing  shall  not  exceed  eight  feet. 

4.  Anchoring,  a.  Beams  in  walls.  Each  tier  of  beams  shall  be 
anchored  to  the  walls  at  intervals  of  not  more  than  six  feet  with 
approved  steel  or  wrought  iron  anchors. 

b.  Beams  on  girders.  The  ends  of  wood  beams  resting  upon  girders 
shall  be  butted  end  to  end  and  strapped  by  steel  or  wrought  iron 
straps  in  the  same  beam  as  the  wall  anchors,  or  they  may  lap  each 
other  at  least  12  inches  and  be  well  spiked  or  bolted  together  where 
lapped. 

c.  Girders.  Wood  girders  shall  be  anchored  to  the  walls  and 
fastened  to  each  other  by  suitable  steel  or  wrought  iron  straps. 

d.  Anchor  strips.  Each  tier  of  wood  beams  running  parallel  to 
enclosing  walls  shall  be  anchored  to  such  walls  with  approved  anchor 
strips  and  similarly  to  every  pier. 

5.  Fire  prevention,  a.  Trimming  around  flues.  All  wood  beams 
shall  be  trimmed  away  from  all  flues  and  chimneys.  The  header 
and  trimmer  beams  shall  not  be  less  than  4 inches  from  the  outside 
face  of  the  chimney.  Any  header  beam  supporting  a trimmer  arch 
in  front  of  a fireplace  shall  be  not  less  than  20  inches  from  the  face 
of  the  chimney  breast. 

b.  Separation  in  walls.  Every  wooden  beam  in  any  masonry  or 
fire  wall  shall  be  separated  from  any  other  beam  in  the  wall  by  at 
least  four  inches  of  solid  masonry. 

§ 281.  Wood  columns  and  posts.  All  wood  columns  and  posts 
shall  be  squared  at  the  ends  perpendicular  to  their  axes,  and  cap 
and  base  plates  shall  be  provided.  Where  the  cap  plate  of  a wood 
column  or  post  supports  a wood  girder,  any  column  above  shall 
bear  directly  on  the  cap  and  shall  not  rest  on  the  girder.  Additional 
iron  or  steel  cheek  plates  shall  be  placed  between  the  cap  and  base 
plates  and  bolted  to  the  girders,  when  required  to  transmit  the  loads 
with  safety. 

§ 282.  Bolting.  All  bolts  in  wood  construction  shall  be  provided 
with  washers  of  such  proportions  that  the  compression  on  the  wood 
at  the  face  of  the  washer  will  not  exceed  the  working  stresses  pre- 
scribed in  this  chapter. 

§ 283.  Stud  partitions.  Stud  partitions  which  rest  directly  over 
each  other  and  are  not  parallel  with  wood  floor  beams  shall  run 
down  between  the  wood  floor  beams  and  rest  on  the  top  plate  of 
the  partition  below  and  shall  have  the  studding  filled  in  solid  be- 
tween the  uprights  to  the  depth  of  the  floor  beams  with  suitable 
incombustible  materials. 

§ 284.  Fire  stops.  1.  Studded-off  spaces.  Where  walls  are 
studded-off,  the  space  between  the  inside  face  of  the  wall  and  the 
studding  directly  over  such  space  shall  be  fire-stopped  with  fireproof 
material,  for  a depth  of  not  less  than  4 inches,  securely  supported; 
or  the  beams  directly  over  the  studded-off  space  shall  be  deafened 
with  not  less  than  4 inches  of  fireproof  material. 

2.  Wainscoting.  The  surface  of  the  wall  or  partition  behind  wain- 
scoting shall  be  plastered  flush  with  the  grounds  and  down  to  the 
floor  line. 


30 


CHAPTER  5 


Sections  443,  444  and  445  of  Article  21  of  Chapter  5 of  the  Code 
of  Ordinances  of  the  City  of  New  York  are  hereby  repealed. 

Article  16. — Iron  and  Steel  Construction. 

(As  amended  May  i,  1916.) 

Section  300.  Cast-iron  columns. 

301.  Steel  columns. 

302.  Column  bases. 

303.  Lintels,  beams  and  girders. 

304.  Framing  and  connecting. 

305.  Trusses. 

306.  Riveting. 

307.  Bolting. 

308.  Tie  rods. 

309.  Templates. 

310.  Protection  against  corrosion. 

311.  Protection  against  fire. 

312.  Metal  fronts. 

313.  Use  of  old  materials. 

Section  300.  Cast  iron  columns.  1.  Dimensions.  Cast  iron 
columns  shall  not  have  a smaller  outside  diameter  or  side  than  5 
inches,  nor  shall  they  have  an  unsupported  length  greater  than  that 
allowed  by  § 52  of  this  chapter. 

2.  Thickness  of  metal.  The  thickness  of  metal  shall  be  not  less 
than  one-twelfth  the  diameter  or  least  dimension  of  cross  section, 
but  never  less  than  three-fourths  of  an  inch.  When  necessary,  the 
thickness  shall  be  increased  near  the  end  so  that  the  core  of  a column 
below  a joint  shall  not  be  larger  than  the  core  of  the  column  above, 
in  which  case  the  metal  may  be  tapered  down  for  a distance  of  not 
less  than  6 inches;  or  a joint  plate  may  be  inserted  of  sufficient 
strength  to  distribute  the  load.  Wherever  the  core  of  a cast  iron 
column  has  shifted  more  than  one-fourth  the  thickness  of  the  shell 
the  thickness  of  the  metal  all  around  shall  be  assumed  equal  to  the 
thinnest  part. 

3.  Workmanship,  a.  Joints.  Cast  iron  columns  shall  be  machine 
faced  at  the  end  to  a true  surface  perpendicular  to  the  axis.  They 
shall  be  bolted  together  with  at  least  four  bolts,  not  less  than  three- 
quarters  of  an  inch  in  diameter,  passing  through  the  flanges,  the  bolts 
being  of  sufficient  length  to  allow  the  nuts  to  be  screwed  up  tightly; 
and  as  each  column  is  placed  in  position,  the  bolts  shall  also  be  placed 
in  position  and  the  nuts  shall  be  screwed  up  tightly. 

b.  Flanges.  Where  cast  iron  columns  rest  one  on  top  of  another, 
the  top  flange  of  the  lower  column  shall  project  on  all  sides  not  less 
than  three  inches  from  the  outer  surfaces  of  the  column,  and  the 
shape  and  dimensions  of  the  bottom  flange  of  the  upper  column 
shall  be  the  same  as  those  of  the  top  flange  of  the  lower  column, 
except  that  when  a column  is  placed  on  a lot  line,  the  flanges  on  the 
side  toward  such  lot  line  may  be  omitted,  if  not  required  for  bolting. 
Flanges  shall  be  at  least  one  inch  in  thickness  when  finished,  and 
reinforced  by  fillets  and  brackets  when  necessary. 

c.  Bolt  holes.  All  holes  in  cast  iron  columns  shall  be  drilled.  Th« 


BUILDING  CODE 


31 


diameter  of  the  holes  shall  not  exceed  that  of  the  bolts  by  more  than 
one-sixteenth  of  an  inch. 

4.  Limitation.  Cast  iron  columns  shall  not  be  used  in  any  case 
where  the  load  is  so  eccentric  as  to  cause  tension  in  the  cast  iron. 
Nor  shall  they  be  used  for  such  parts  of  the  structural  frame  of 
buildings  which  are  required  to  resist  stresses  due  to  wind. 

5.  Inspection.  No  cast  iron  column  shall  be  set  in  place  until  it 
has  passed  an  inspection  satisfactory  to  the  superintendent  of  build- 
ings. Wherever  blowholes  or  imperfections  are  found  in  a cast  iron 
column  which  reduces  the  area  of  the  cross  section  at  that  point 
more  than  10  per  cent,  such  column  shall  be  condemned.  Cast  iron 
columns  not  cast  with  one  open  side  or  back,  shall  have  three-eighths 
inch  holes  drilled  in  the  shaft  to  exhibit  the  thickness  of  the  castings, 
as  may  be  required  by  the  superintendent  of  buildings.  Cast  iron 
columns  shall  not  be  painted  before  inspection. 

§ 301.  Steel  columns.  1.  Length.  No  steel  column  shall  have 
an  unsupported  length  greater  than  that  allowed  by  § 52  of  this 
chapter. 

2.  Design.  No  part  of  a steel  column  shall  be  less  than  one-quarter 
of  an  inch  thick.  No  material,  whether  in  the  body  of  the  column 
or  used  as  a lattice  bar  or  stay  plate,  shall  be  used  of  less  thickness 
than  one  thirty-second  of  its  unsupported  width,  measured  between 
centres  of  rivets  transversely,  or  one-sixteenth  the  distance  between 
centres  of  rivets  in  the  direction  of  the  stress.  Stay  plates  are  to 
have  not  less  than  4 rivets,  and  are  to  be  spaced  so  that  the  ratio  of 
length  to  the  least  radius  of  gyration  of  the  parts  connected  does  not 
exceed  40,  the  distance  between  nearest  rivets  of  two  stay  plates  in 
this  case  being  considered  as  length.  In  built-up  columns  the  thick- 
ness of  any  outstanding  member  shall  not  be  less  than  one-twelfth 
the  width  of  the  outstanding  portion. 

3.  Joints.  The  ends  of  all  columns  shall  be  faced  to  a plane  surface 
at  right  angles  to  the  axis  of  the  columns.  Wherever  practicable  the 
connection  between  them  shall  be  made  with  splice  plates.  When 
splice  plates  cannot  be  used  a connection  formed  of  plates  and  angles, 
designed  to  properly  distribute  the  stress,  may  be  used.  Where  any 
part  of  the  section  of  a column  projects  beyond  that  of  the  column 
above  or  below,  the  difference  shall  be  made  up  by  filling  plates  se- 
cured to  the  column  by  the  proper  number  of  rivets.  All  column 
connections  shall  be  riveted. 

§ 302.  Column  bases.  Whenever  necessary  to  properly  distribute 
the  load,  iron  or  steel  shoes  shall  be  used  under  the  bottom  tier  of 
columns.  Cast  iron  bases  or  shoes  shall  be  not  less  than  one  inch 
thick  in  any  part.  If  any  side  of  the  bed  plate  exceeds  three  feet  in 
length,  a reinforcing  flange  at  least  four  inches  high  shall  be  provided 
around  the  outer  edges.  All  cast  iron  bases  or  shoes  shall  be  planed 
on  top,  and,  when  resting  on  steel  girders,  on  both  top  and  bottom. 
Bases  or  shoes  of  steel  plates  and  shapes  shall  be  designed  to  meet 
the  requirements  of  § 301  of  this  chapter.  Nothing  in  this  section 
shall  prevent  iron  or  steel  bases  being  made  as  a part  of  the  columns. 

§ 303.  Lintels,  beams  and  girders.  1.  Cast  iron  lintels.  Cast  iron 
lintels  shall  not  oe  less  than  three-quarters  of  an  inch  in  thickness  at 
any  point,  and  shall  not  be  used  for  spans  exceeding  six  feet. 


32 


CHAPTER  5 


2.  Double  beams  as  girders.  When  rolled  steel  beams  are  used 
in  pairs  to  form  a girder,  they  shall  be  connected  together  by  sep- 
arators at  intervals  of  not  more  than  5 feet.  All  beams  12  inches  and 
over  in  depth  shall  have  at  least  2 bolts  to  each  separator. 

3.  Riveted  girders.  The  thickness  of  the  web  in  riveted  girders 
shall  be  not  less  than  one-one  hundred  and  twentieth  of  the  distance 
between  flange  angles,  and  in  no  case  less  than  one-quarter  of  an 
inch.  If  the  unsupported  depth  of  the  web  plate  exceeds  60  times 
its  thickness,  stiffeners  shall  be  used  at  intervals  not  exceeding  120 
times  the  thickness  of  the  web.  Stiffeners  of  sufficient  strength  shall 
also  be  provided  over  supports  and  under  concentrated  loads. 

4.  Lateral  bracing.  The  compression  flanges  of  steel  beams  and 
girders  shall  be  secured  against  buckling,  if  the  length  exceeds  twenty 
times  their  width  unless  the  working  stresses  in  such  flanges  are 
proportioned  to  the  ratio  of  length  to  width  as  provided  for  steel 
columns  in  § 52  of  this  chapter. 

§ 304.  Framing  and  connecting.  All  columns,  beams,  trusses  and 
all  other  iron  or  steel  work  shall  be  suitably  framed  and  connected 
together  and  to  the  walls.  All  beams  framed  into  and  supported  by 
other  beams  or  girders  shall  be  connected  thereto  by  angles  or  knees 
of  a proper  size  and  thickness,  with  sufficient  bolts  or  rivets  to  trans- 
mit the  entire  load,  or  by  seats  of  sufficient  strength  and  the  necessary 
angles  or  knees  to  hold  the  beam  in  place.  Beams  resting  on  girders 
shall  be  securely  riveted  or  bolted  to  the  same. 

§ 305.  Trusses.  1.  General  design.  Trusses  shall  be  of  such  design 
that  the  stresses  in  each  member  can  be  calculated. 

2.  Lateral  bracing.  All  trusses  shall  be  held  rightly  in  position  by 
efficient  systems  of  lateral  or  sway  bracing. 

3.  Tension  members.  For  tension  members,  the  actual  net  area 
only,  after  deducting  rivet  holes  one-eighth  inch  larger  than  the  rivets 
shall  be  considered  as  resisting  the  stress. 

4.  Compression  members.  Compression  members  in  pin- 
connected  trusses  shall  be  designed  so  that  the  stresses  shall  not 
exceed  75  per  cent,  of  the  permissible  working  stresses  for  columns. 

5.  Eye  bars.  The  heads  of  all  eye  bars  shall  be  made  by  upsetting 
or  forging.  No  weld  will  be  allowed  in  the  body  of  the  bar.  Steel 
eye  bars  shall  be  annealed.  Bars  shall  be  straight  before  boring. 
Eyes  and  screw  ends  shall  be  so  proportioned  that  upon  test  to 
destruction,  fracture  will  take  place  in  the  body  of  the  member. 

6.  Pins.  All  pins  shall  be  accurately  turned.  All  pin-holes  shall 
be  bored  true  and  at  right  angles  to  the  axis  of  the  members,  and 
must  fit  the  pins  within  one-thirty-secor  d of  an  inch. 

§ 306.  Riveting.  1.  When  required.  All  component  parts  of 
built-up  columns,  girders  and  trusses,  including  any  splices  in  the 
same,  shall  be  riveted. 

2.  Spacing  of  rivets.  The  pitch  of  rivets  shall  never  be  less  than 
three  diameters  of  the  rivet,  nor  more  than  6 inches.  In  the  direc- 
tion of  the  stress  it  shall  not  exceed  16  times  the  least  thickness  of 
the  outside  member.  At  right  angles  to  the  stress  it  shall  not  exceed 
32  times  the  least  thickness  of  the  outside  member. 

3.  Distance  from  edge.  The  distance  from  centre  of  a rivet  hole 
to  the  edge  of  the  material  shall  not  be  less  than : 


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33 


of  an  inch  for  J^inch  rivets; 

1 inch  for  ^/g-inch  rivets; 

134  inches  for  %-inch  rivets; 

13^  inches  for  ^/s-inch  rivets; 

1%  inches  for  1-inch  rivets. 

4.  Length.  The  lengths  of  rivets,  between  heads,  shall  not  ex- 
ceed five  times  the  diameters. 

5.  Driving.  All  shop  rivets,  wherever  practicable,  shall  be  ma- 
chine driven.  Rivets  shall  fill  the  holes  completely.  Rivet  heads 
shall  be  hemispherical  and  concentric  with  the  axis  of  the  rivet. 

§ 307.  Bolting.  1.  When  permitted.  Where  riveting  is  not  re- 
quired by  the  provisions  of  this  chapter  connections  may  be  ef- 
fected by  bolts  of  mild  steel,  with  United  States  standard  threads. 
The  threads  shall  be  full  and  clean,  the  nut  shall  be  truly  concentric 
with  the  bolt,  and  the  thread  shall  be  of  sufficient  length  to  allow 
the  nut  to  be  screwed  up  tightly. 

2.  Suspenders.  When  the  bolts  are  used  for  suspenders,  the  work- 
ing stress  shall  be  reduced  to  9,000  pounds  per  square  inch  of  net 
area,  and  the  load  shall  be  transmitted  into  the  head  or  nut  by 
suitable  washers. 

§ 308.  Tie  rods.  Whenever  tie  rods  may  be  required  by  the  pro- 
visions of  this  chapter  in  connection  vdth  iron  and  steel  construction 
they  shall  be  at  least  three-fourths  of  an  inch  in  diameter.  Holes 
for  tie  rods  in  floor  arches  shall  be  placed  as  near  the  thrust  of  the 
arch  as  practicable.  The  distance  between  tie  rods  in  floors  or  roofs 
shall  not  exceed  8 times  the  depth  of  the  beams  nor  8 feet  in  any 
case. 

§ 309.  Templates.  When  any  lintel,  beam,  girder  or  truss  is 
supported  at  either  end  by  a wall  or  pier,  it  shall  be  properly  an- 
chored thereto  and  shall  rest  upon  a template  or  shoe  of  cast  u’on, 
steel  or  stone  of  such  design  and  dimensions  as  to  safely  distribute 
its  load  on  the  masonry,  except  that  when  beams,  not  exceeding  6 
inches  in  depth,  are  placed  not  more  than  30  inches  on  centres,  no 
templates  shall  be  required. 

§ 310.  Protection  against  corrosion.  1.  Painting.  All  structural 
iron  and  steel  work  shall  be  cleaned  of  all  scale,  dirt  and  rust  and  be 
thoroughly  coated  with  one  coat  of  paint  before  erection,  except 
that  cast  iron  columns  shall  not  be  painted  until  after  inspection. 
Where  surfaces  in  riveted  work  come  in  contact,  they  shall  be 
painted  before  assembling.  After  erection  all  work  shall  be  painted 
at  least  one  additional  coat  of  a different  shade  than  the  first. 

2.  Subaqueous  work.  All  iron  or  steel  used  under  water  shall  be 
encased  in  concrete. 

§ 311.  Protection  against  fire.  Any  iron  or  steel  construction 
hereafter  placed  in  any  building  to  support  a wall  or  part  thereof  or 
a sidewalk,  shall  be  protected  with  not  less  than  two  inches  of  fire- 
proof material  securely  applied,  except  that  in  non-fireproof  build- 
ings such  protection  shall  not  be  required  for  columns  immediately 
above  the  sidewalk  level  supporting  walls  fronting  on  streets. 

§ 312.  Metal  fronts.  Metal  fronts  or  facias  hereafter  erected  on 
the  exterior  of  buildings  over  one  story  high  shall  be  backed  up  or 
filled  in  with  masonry  not  less  than  8 inches  thick. 

3 


34 


CHAPTER  5 


§ 313.  Use  of  old  material.  Nothing  in  this  article  shall  prevent 
the  use  of  old  steel  or  wrought  iron  shapes,  provided  that  the  work- 
ing stresses  used  do  not  exceed  three-fourths  of  those  specified  in 
this  chapter  for  steel,  and  that  the  provisions  of  this  article  are 
otherwise  complied  with. 

Article  16. — Reinforced  Concrete  Construction, 
amend,  by  ord.  effective  Oct.  6^  1915.) 

Section  330.  Definitions. 

331.  Application. 

332.  Concrete. 

333.  Reinforcement. 

334.  Working  stresses. 

335.  Slabs  and  beams. 

336.  Use  of  fillers  in  floor  construction. 

337.  Columns. 

338.  Walls. 

339.  Protection  of  reinforcement. 

340.  Load  tests. 

341.  Rules. 

Section  330.  Definitions.  For  the  purposes  of  this  article 

a.  reinforced  concrete  means  any  construction  in  accordance  with 
the  provisions  of  this  article,  of  approved  concrete  in  which  steel  is 
imbedded  in  such  a manner  as  to  increase  its  strength; 

b.  the  span  of  beams  and  slabs  means  the  distance  from  centre 
to  centre  of  supports,  but  not  necessarily  exceeding  the  clear  span 
plus  the  depth  of  beam  or  slab,  provided  that  brac&ts  shall  not  be 
considered  as  reducing  the  clear  span; 

c.  the  length  of  columns  means  the  maximum  unsupported 
length; 

d.  the  effective  area  of  a concrete  column  with  lateral  reinforce- 
ment means  the  area  of  concrete  within  the  hoops  or  bands. 

§ 331.  Application.  Reinforced  concrete  may  be  used  for  all 
types  of  construction,  provided  the  material  and  design  conform  to 
the  requirements  of  this  article  and  such  rules  as  may  be  adopted  by 
the  superintendent  of  buildings  to  secure  safety  in  construction  and 
uniformity  in  practice. 

§ 332.  Concrete.  1.  Mixture.  The  concrete  for  reinforced  con- 
crete structures  shall  consist  of  a wet  mixture  of  one  part  of  Port- 
land cement  to  not  more  than  six  parts  of  aggregate,  fine  and  coarse, 
either  in  the  proportion  of  one  part  of  cement,  two  parts  of  fine 
aggregate  and  four  parts  of  coarse  aggregate,  or  in  such  proportion 
that  the  resistance  of  the  concrete  to  crushing  shall  not  be  less  than 
two  thousand  pounds  per  square  inch  after  hardening  for  twenty- 
eight  days. 

2.  Aggregate,  a.  Fine.  Fine  aggregate  shall  consist  of  sand, 
crushed  stone  or  gravel  screenings,  passing  when  dry  a screen  having 
one-quarter-inch  diameter  holes,  and  not  more  than  six  per  cent, 
passing  a sieve  having  one  hundred  meshes  per  lineal  inch,  and  of 
such  quality  that  mortars  composed  of  one  part  Portland  cement 


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35 


and  three  parts  fine  aggregate  by  weight  when  made  into  briquettes 
will  show  a tensile  strength  of  at  least  two  hundred  and  forty  pounds 
per  scmare  inch  at  twenty-eight  days. 

b.  Coarse.  Coarse  aggregate  shall  consist  of  crushed  stone  or 
gravel  which  is  retained  on  a screen  having  one-quarter-inch  diameter 
holes  and  graded  in  size  from  small  to  large  particles.  The  maximum 
size  shall  be  such  that  all  the  aggregate  will  pass  through  a one-inch 
diameter  ring.  All  aggregate  shall  be  clean,  hard,  durable,  and  free 
from  deleterious  material. 

§ 333.  Reinforcement.  The  steel  reinforcement  shall  conform 
to  such  requirements  as  may  be  adopted  by  the  superintendent  of 
buildings,  or,  in  the  absence  of  such  requirements,  to  the  standard 
specifications  of  the  American  Society  for  Testing  Materials  for  steel 
reinforcement  bars.  Nothing  herein  contained  shall  prevent  the 
use  of  steel  wire  or  fabric  for  the  reinforcement  of  slabs,  for  lateral 
reinforcement  of  columns,  or  for  resistance  to  shrinkage  and  tem- 
perature stresses. 

§ 334.  Working  stresses.  Reinforced  concrete  structures  shall 
be  so  designed  that  the  stresses  in  pounds  per  square  inch  shall  not 


exceed  the  following: 

Extreme  fibre  stress  on  concrete  in  compression 650 

Concrete  in  direct  compression 500 

Shearing  stress  in  concrete  when  all  diagonal  tension  is  re- 
sisted by  steel 150 

Shearing  stress  in  concrete  when  diagonal  tension  is  not  re- 
sisted by  steel 40 

Bond  stress  between  concrete  and  plain  reinforcement 80 

Bond  stress  between  concrete  and  approved  deformed  bars . . 100 

Tensile  stress  in  steel  reinforcement 16,000 

Tensile  stress  in  cold  drawn  steel  wire  or  fabric,  35  per  cent. 

of  the  elastic  limit  but  not  more  than 20,000 


In  continuous  beams  the  extreme  fibre  stress  on  concrete  in  com- 
pression may  be  increased  fifteen  per  cent,  adjacent  to  supports. 

The  ratio  of  the  moduli  of  elasticity  of  1 :2 :4  stone  or  gravel  con- 
crete and  steel  shall  be  taken  as  one  to  fifteen.  The  ratio  of  the 
moduli  of  elasticity  of  1:1:J^:3  stone  or  gravel  concrete  and  steel 
shall  be  taken  as  one  to  twelve. 

§ 335.  Slabs  and  beams.  1.  Thickness.  Slabs  shall  not  be  less 
than  four  inches  in  thickness  for  floors  and  three  and  one-half  inches 
for  roofs. 

2.  Tee-beams.  Where  adequate  bond  between  slab  and  web  of 
beams  is  provided,  the  slab  may  be  considered  as  an  integral  part 
of  the  beam  provided  its  effective  width  shall  not  exceed  on  either 
side  of  the  beam  one-fourth  of  the  span  length  of  the  beam  nor  be 
greater  than  four  times  the  thickness  of  the  slab  on  either  side  of 
the  beam,  the  measurements  being  taken  from  edge  of  web. 

3.  Placing  of  reinforcement.  All  reinforcement  shall  be  accurately 
located  and  secured  against  displacement.  The  reinforcement  for 
slabs  shall  not  be  spaced  farther  apart  than  two  and  one-half  times 
the  thickness  of  the  slab. 

4.  Web  reinforcement.  Members  of  web  reinforcement  shall  be 
so  designed  as  to  adequately  take  up  throughout  their  length  all 


36 


CHAPTER  5 


stresses  not  taken  up  by  the  concrete.  They  shall  not  be  spaced  to 
exceed  three-fourths  of  the  depth  of  the  beam  in  that  portion  where 
the  web  stresses  exceed  the  allowable  value  of  concrete  in  shear. 
Web  reinforcement,  unless  rigidly  attached,  shall  be  placed  at  right 
angles  to  the  axis  of  the  beam  and  carried  around  the  tension  mem- 
bers. 

§ 336.  Use  of  fillers  in  floor  construction.  When  hollow  tile,  con- 
crete blocks  or  other  acceptable  fillers  are  used  in  any  reinforced 
concrete  floor  construction,  the  reinforced  concrete  members  of 
such  floor  construction  shall  be  designed  in  accordance  with  the 
provisions  of  this  article  to  take  the  entire  loads,  provided,  however, 
that  when  the  fillers  do  not  exceed  sixty  per  cent,  of  the  construc- 
tion, not  more  than  two  and  one-half  inches  of  concrete  shall  be 
required  over  the  fillers. 

§ 337.  Columns.  1.  With  longitudinal  reinforcement  only.  In 
concrete  columns,  having  not  less  than  one-half  nor  more  than  four 
per  cent,  of  vertical  reinforcement  secured  against  lateral  displace- 
ment by  one-quarter-inch  steel  ties  placed  not  farther  apart  than 
fifteen  diameters  of  the  vertical  rods  nor  more  than  twelve  inches, 
the  allowable  load  shall  be  five  hundred  pounds  per  square  inch  on 
the  concrete,  plus  seven  thousand  five  hundred  pounds  on  the  ver- 
tical reinforcement. 

2.  With  longitudinal  and  lateral  reinforcement.  In  concrete 
columns,  having  not  less  than  one-half  nor  more  than  two  per  cent, 
of  hoops  or  spirals  spaced  not  farther  apart  than  one-sixth  of  the 
diameter  of  the  enclosed  column  nor  more  than  three  inches,  and 
having  not  less  than  one  nor  more  than  four  per  cent,  of  vertical 
reinforcement,  the  allowable  load  shall  be  five  hundred  pounds  per 
square  inch  on  the  effective  area  of  the  concrete,  plus  seven  thousand 
five  hundred  pounds  per  square  inch  on  the  vertical  reinforcement, 
plus  a load  per  square  inch  on  the  effective  area  of  the  concrete  equal 
to  two  times  the  percentage  of  lateral  reinforcement  multiplied  by 
the  tensile  stress  in  the  lateral  reinforcement  prescribed  by  § 334 
of  this  article.  The  percentage  of  lateral  reinforcement  being  the 
volume  of  the  hoops  or  spirals  divided  by  the  volume  of  the  enclosed 
concrete  in  a unit  length  of  column.  The  hoops  or  spirals  shall  be 
rigidly  secured  to  at  least  four  verticals  to  insure  uniform  spacing. 

3.  Structural  steel  and  concrete.  In  columns  of  structural  steel, 
thoroughly  encased  in  concrete  not  less  than  four  inches  thick  and 
reinforced  with  not  less  than  one  per  cent,  of  steel,  the  allowable 
load  shall  be  sixteen  thousand  pounds  per  square  inch  on  the  struc- 
tural steel.  The  percentage  of  reinforcement  being  the  volume  of 
the  reinforcing  steel  divided  by  the  volume  of  the  concrete  enclosed 
by  the  reinforcing  steel.  Not  more  than  one-half  of  the  reinforcing 
steel  shall  be  placed  vertically.  The  reinforcing  steel  shall  not  be 
placed  nearer  than  one  inch  to  the  structural  steel  or  to  the  outer 
surface  of  the  concrete.  The  ratio  of  length  to  least  radius  of  gyra- 
tion of  structural  steel  section  shall  not  exceed  one  hundred  and 
twenty. 

4.  When  richer  concrete  is  used.  In  concrete  columns  the  com- 
pression on  the  concrete  may  be  increased  twenty  per  cent,  when 
the  fine  and  coarse  aggregates  are  carefully  selected  and  the  proper- 


BUILDING  CODE 


37 


tion  of  cement  to  total  aggregate  is  increased  to  one  part  of  cement 
to  not  more  than  four  and  one-half  parts  of  aggregate,  fine  and 
coarse,  either  in  the  proportion  of  one  part  of  cement,  one  and  one- 
half  parts  of  fine  aggregate  and  three  parts  of  coarse  aggregate,  or 
in  such  proportion  as  will  secure  the  maximum  density.  In  such 
cases,  however,  the  compressive  stress  in  the  vertical  steel  shall  not 
exceed  seven  thousand  two  hundred  pounds  per  square  inch. 

5.  Eccentric  loads.  Bending  stresses  due  to  eccentric  loads  shall 
be  provided  for  by  increasing  the  section  of  concrete  or  steel  until 
the  maximum  stress  shall  not  exceed  the  allowable  working  stress. 

6.  Length.  In  columns,  the  ratio  of  length  to  least  side  or  diameter 
shall  not  exceed  fifteen,  but  in  no  case  shall  the  least  side  or  diameter 
be  less  than  twelve  inches. 

§ 338.  Walls.  Enclosure  walls  of  reinforced  concrete  shall  be 
securely  anchored  at  all  floors.  The  thickness  shall  not  be  less  than 
one-twentieth  of  the  unsupported  height,  but  in  no  case  less  than 
eight  inches.  The  steel  reinforcement,  running  both  horizontally 
and  vertically,  shall  be  placed  near  both  faces  of  the  wall;  the  total 
weight  of  such  reinforcement  shall  be  not  less  than  one-half  pound 
per  square  foot  of  wall. 

§ 339.  Protection  of  reinforcement.  The  reinforcement  in  columns 
and  girders  shall  be  protected  by  a minimum  of  two  inches  of  con- 
crete; in  beams  and  walls  by  a minimum  of  one  and  one-half  inches; 
in  floor  slabs  by  a minimum  of  one  inch;  and  in  footings  by  a mini- 
mum of  four  inches  of  concrete. 

§ 340.  Load  tests.  The  builder  may  be  required  to  make  load 
tests  on  any  portion  of  a reinforced  concrete  structure  within  a 
reasonable  time  after  erection.  The  tests  shall  be  made  under  the 
direction  of  the  superintendent  of  buildings,  and  shall  show  that 
the  construction  will  sustain  safely  a load  of  one  and  three-quarter 
times  the  live  load  for  which  it  was  designed. 

§ 341.  Rules.  The  rules  governing  reinforced  concrete  in  build- 
ing construction,  heretofore  adopted  by  the  superintendent  of  build- 
ings, so  far  as  they  are  consistent  with  the  provisions  of  this  article, 
shall  remain  effective  until  amended  or  repealed  by  the  superin- 
tendent of  buildings. 


Article  17. — Fireproof  Construction. 


(As  amended  by  ord.  elective  Oct,  6^  1915.) 


Section  350.  Walls. 


351.  Iron  and  steel  construction. 

352.  Masonry. 

353.  Reinforced  concrete. 

354.  Floors  and  roofs. 

355.  Partitions. 

356.  Interior  finish. 

357.  Exterior  windows. 

358.  Approvals. 

Section  350.  Walls.  The  exterior  walls  or  piers  of  fireproof 
ings  shall  be  approved  masonry  or  reinforced  concrete. 

§ 351.  Iron  and  steel  constriiction.  1.  General.  All  metal 


build- 

struc- 


38 


CHAPTER  5 


tural  members  which  support  loads  or  resist  stresses,  in  fireproof 
buildings,  shall  be  entirely  encased  in  fireproofing  material  securely 
applied  as  hereinafter  specified. 

2.  Columns,  a.  In  exterior  walls.  Iron  or  steel  columns  placed 
within  exterior  walls  or  along  the  outer  lines  of  a building  shall  be 
encased  with  approved  masonry  not  less  than  eight  inches  thick  on 
their  outer  and  side  surfaces,  nor  less  than  four  inches  thick  on  their 
inner  surfaces. 

b.  Interior.  Iron  and  steel  columns  used  in  the  interior  of  a build- 
ing shall  be  encased  on  all  sides  with  fireproofing  materials  not  less 
than  two  inches  thick. 

c.  Lugs  and  brackets.  The  extreme  outer  edges  of  lugs,  brackets 
or  other  supporting  parts  of  columns  shall  not  extend  nearer  than 
one  inch  to  the  outer  surface  of  the  fireproof  casing. 

d.  Protection  to  fireproofing.  Where  the  fireproofing  of  columns 
is  exposed  to  damage  from  trucking  or  handling  of  merchandise,  the 
superintendent  of  buildings  may  require  such  fireproofing  to  be 
jacketed  for  a height  of  three  feet  from  the  floor  with  a protective 
covering. 

3.  Beams  and  girders.  Iron  or  steel  beams  and  girders  shall  be 
entirely  encased  in  fireproofing  materials  not  less  than  two  inches 
thick  at  any  point  when  supporting  a wall  or  part  thereof  or  a side- 
walk, and  not  less  than  one  and  one-half  inches  thick  in  any  case. 

4.  Lintels,  a.  Iron  or  steel.  Iron  or  steel  lintels  over  openings  in 
walls  shall  be  encased  as  required  for  beams,  provided  that  when  the 
span  of  any  such  opening  does  not  exceed  four  feet  or  such  opening 
is  spanned  by  an  adequate  masonry  arch  above  the  lintel  the  fire- 
proofing may  be  omitted. 

b.  Stone.  Stone  lintels  shall  not  be  used  in  fireproof  buildings 
unless  supplemented  on  the  inside  of  the  wall  with  iron  or  steel  lintels, 
or  with  suitable  masonry  arches. 

5.  Trusses,  a.  General.  All  members  of  steel  trusses,  except  roof 
trusses  hereinafter  specified,  shall  be  entirely  encased  in  fireproofing 
materials  not  less  than  two  inches  thick  at  any  point. 

b.  Roof  trusses.  The  fireproofing  herein  required  for  trusses  may 
be  omitted  when  such  trusses  support  only  roof  loads  and  ceilings 
over  interior  spaces  having  a clear  height  of  at  least  twenty  feet 
below  the  lower  chords  of  the  trusses.  In  such  cases  the  fireproofing 
may  also  be  omitted  from  the  soffits  of  roof  beams  or  purlins. 

6.  Fireproofing  materials.  The  fireproofing  required  by  this  sec- 
tion shall  consist  of  any  of  the  following  materials: 

a.  Bonded  brickwork  laid  in  cement  mortar: 

b.  Concrete  consisting  of  one  part  portland  cement,  and  not  more 
than  two  parts  of  sand  and  four  parts  of  gravel,  stone  or  other  ap- 
proved aggregate  that  will  pass  through  a three-quarter  inch  ring, 
suitably  reinforced  with  wire  or  metal  fabric; 

c.  Cinder  concrete  consisting  of  one  part  portland  cement  and 
not  more  than  two  parts  of  sand  and  five  parts  of  clean,  well-burned 
steam  boiler  cinders,  suitably  reinforced  with  wire  or  metal  fabric; 

d.  Porous  or  semi-porous  terra  cotta  blocks  with  shells  and  webs 
at  least  one  inch  thick,  laid  in  cement  mortar,  thoroughly  bonded  or 
secured  by  metal  ties; 


BUILDING  CODE 


30 

e.  Solid  gypsum  blocks,  containing  not  more  than  twenty-five 
per  cent,  by  weight  of  cinders,  asbestos  fibre,  wood  chips  or  vegetable 
fibre,  laid  in  gypsum  plaster  or  cement  mortar,  thoroughly  bonded 
or  secured  by  suitable  galvanized  metal  ties  or  fabric;  or 

f.  Any  material  or  form  of  construction  that  will  resist  the  action 
of  flame  and  a heat  of  seventeen  hundred  degrees  Fahrenheit  for  at 
least  two  hours,  without  raising  the  temperature  of  the  material  to 
be  protected  above  five  hundred  and  fifty  degrees  Fahrenheit  by 
transmission  through  a thickness  of  two  inches  as  determined  by  test 
prescribed  in  the  rules  by  the  superintendent  of  buildings. 

7.  Prohibition.  No  pipes,  wires,  cables  or  other  material  shall 
be  embedded  in  the  required  fireproofing  of  columns  or  other  struc- 
tural members. 

§ 352.  Masonry.  Interior  walls,  piers,  pches  and  vaultings  that 
support  loads  in  addition  to  their  own  weight  in  fireproof  buildings 
shall  be  constructed  of  approved  masonry,  except  that  stone  masonry 
shall  not  be  used  for  such  purpose,  or  for  columns  or  lintels  unless 
supplemented  by  other  approved  masonry  or  by  properly  protected 
iron  or  steel  construction. 

§ 353.  Reinforced  concrete.  Reinforced  concrete  construction  con- 
forming with  the  requirements  of  article  16  of  this  chapter  shall  be 
deemed  fireproof  construction. 

§ 354.  Floors  and  roofs.  1.  General.  The  filling  between  steel 
floor  and  roof  beams  in  fireproof  buildings  shall  consist  of  arches  or 
slabs  of  brick,  terra  cotta,  stone  concrete  or  cinder  concrete,  con- 
structed as  hereinafter  specified,  or  of  such  other  material  or  con- 
struction as  may  be  approved  by  the  superintendent  of  buildings 
as  conforming  to  the  requirements  of  the  fire  and  strength  tests  here- 
inafter prescribed. 

2.  Brick  arches.  When  brick  is  used  as  floor  filling  it  shall  consist 
of  segmental  arches  having  a thickness  of  not  less  than  four  inches  for 
spans  of  five  feet  or  less,  and  of  not  less  than  eight  inches  for  spans 
exceeding  five  feet.  Such  arches  shall  be  built  of  good,  hard  common 
or  hollow  brick,  laid  to  a line  and  properly  and  solidly  bonded.  Each 
longitudinal  line  of  brick  shall  break  joints  with  the  adjoining  lines. 
The  arches  shall  spring  from  suitable  skewbacks,  and  shall  be  properly 
keyed.  The  rise  shall  be  not  less  than  one  inch  for  each  foot  of  span. 
The  brick  shall  be  well  wet  before  laying,  and  the  joints  filled  solid 
with  cement  mortar. 

3.  Terra  cotta  arches,  a.  Material.  When  terra  cotta  is  used  as 
floor  filling  it  shall  consist  of  hollow  blocks,  either  hard  burned  or 
semi-porous,  of  uniform  density  and  hardness.  The  thickness  of 
shells  and  webs  of  each  block  shall  be  not  less  than  five-eighths  of  an 
inch.  Interior  vertical  and  horizontal  webs  of  arch  blocks  shall  not 
be  spaced  more  than  four  inches  apart.  The  skewbacks  shall  be  of 
such  form  and  section  as  to  accurately  fit  the  beams  and  properly 
receive  the  thrust  of  the  arches.  The  arch  blocks  shall  be  laid  in 
cement  mortar  and  properly  keyed. 

b.  Segmental  arches.  When  terra  cotta  filling  is  segmental  in 
form  the  blocks  shall  be  not  less  than  six  inches  in  depth  with  at 
least  two  cellular  spaces  in  such  depth.  The  rise  of  such  arches  shall 
be  not  less  than  one  and  one-quarter  inches  for  each  foot  of  span. 


40 


CHAPTER  5 


c.  Flat  arches.  When  terra  cotta  filling  is  in  the  form  of  flat 
arches,  the  depth  of  the  blocks,  unless  reinforced  with  steel,  shall 
be  not  less  than  one  and  one-half  inches  for  each  foot  of  span  be- 
tween the  steel  beams,  exclusive  of  the  portion  of  the  block  projecting 
below  the  underside  of  the  beams. 

d.  Strength  of  terra  cotta  arches.  Terra  cotta  filling  shall  be  so 
designed  that  it  will  safely  sustain  the  superimposed  loads  by  in- 
creasing so  far  as  may  be  necessary  the  depth  and  the  thickness  of 
shells  and  webs  of  the  blocks.  When  such  filling  is  reinforced  by  wire 
fabric,  steel  rods  or  other  steel  shapes,  thoroughly  embedded  in 
Portland  cement  mortar  and  bonded  to  the  terra  cotta,  the  strength 
of  the  construction  may  be  determined  by  accepted  engineering 
formulae.  For  the  purposes  of  this  section,  the  working  stresses,  in 
pounds  per  square  inch,  shall  be  taken  at  500  for  terra  cotta  in  com- 
pression, 16,000  for  steel  in  tension,  and  100  for  bond  between  steel 
and  mortar  and  between  terra  cotta  and  mortar. 

4.  Concrete  floor  arches,  a.  Material.  When  concrete  is  used  as 
floor  filling  it  shall  consist  of  one  part  of  portland  cement,  and  not 
more  than  two  parts  of  sand  and  five  parts  of  stone,  gravel  or  cinders, 
reinforced  in  the  case  of  slab  construction  with  steel  as  herein  pro- 
vided. The  stone  or  gravel  shall  be  as  required  for  reinforced  con- 
crete in  article  16  of  this  chapter.  Cinders  shall  be  clean,  well  burned 
steam  boiler  cinders. 

b.  Reinforcement.  When  reinforcement  is  required  it  shall  con- 
sist of  steel  rods  or  other  suitable  shapes,  or  steel  fabric.  The  ten- 
sional  reinforcement  in  any  case  shall  be  not  less  than  twelve- 
hundredths  per  cent,  in  the  case  of  cold  drawn  steel  fabric,  nor  less 
than  twenty-five-hundredths  per  cent,  in  the  case  of  other  forms,  the 
percentage  being  based  on  the  sectional  area  of  slab  above  the  center 
of  the  reinforcement.  The  center  of  the  reinforcement  shall  be  at 
least  one  inch  above  the  bottom  of  the  slab,  but  in  no  case  shall 
any  part  of  the  reinforcement  come  within  five-eighths  of  an  inch 
from  the  bottom  of  the  slab. 

c.  Segmental  form.  When  the  concrete  floor  filling  is  used  in 
the  form  of  segmental  arches,  the  thickness  shall  be  at  least  four 
inches  at  the  crown.  Such  arches  shall  have  a rise  of  not  less  than 
one  inch  for  each  foot  of  span. 

d.  Flat  construction.  When  the  concrete  floor  filling  is  in  the 
form  of  slabs  the  thickness  shall  be  not  less  than  four  inches,  except 
as  otherwise  provided  in  this  article  for  special  roof  construction. 

e.  Strength  of  concrete  slabs.  In  determining  the  safe  carrying 
capacities  of  concrete  slab  floor  fillings  the  gross  load  in  pounds  per 
square  foot  of  floor  surface  shall  not  exceed  the  product  of  the  depth 
in  inches  of  the  reinforcement  below  the  top  of  the  slab,  by  the  cross- 
sectional  area  in  square  inches  per  foot  of  width  of  the  tensional 
steel,  divided  by  the  square  of  the  span  in  feet,  all  multiplied  by  the 
following  co-efficients  when  cinder  concrete  is  used,  14,000  if  the 
reinforcement  is  not  continuous  over  the  supports,  18,000  if  the 
reinforcement  consists  of  rods  or  other  shapes  securely  hooked  over 
or  attached  to  the  supports,  and  26,000  if  the  reinforcement  consists 
of  steel  fabric  continuous  over  the  supports,  and,  when  stone  con- 
crete is  used,  16,000,  20,000  and  30,000,  respectively. 


BUILDING  CODE 


41 


In  determining  the  safe  carrying  capacities  of  concrete  floor  fillings 
segmental  in  form,  the  compressive  stress  in  pounds  per  square  inch 
in  the  concrete  shall  not  exceed  300  for  cinder  concrete  or  500  for 
stone  concrete. 

Nothing  in  this  section  shall  prevent  the  determination  of  the  safe 
carrying  capacity  of  any  form  of  concrete  floor  filling  approved  as 
fireproof  under  the  provisions  of  this  article,  by  the  usual  methods 
of  calculation,  provided  the  stresses  used,  in  pounds  per  square  inch, 
shall  not  exceed  300  for  cinder  concrete  in  compression,  16,000  for 
steel  in  tension,  and  50  for  bond  between  cinder  concrete  and  steel, 
or  in  the  case  of  stone  concrete,  the  values  fixed  by  article  16. 

5.  Test  of  floor  fillings,  a.  Fire  tests.  In  testing  the  fireproof 
qualities  of  any  floor  filling,  at  least  one  panel  of  the  proposed  maxi- 
mum span,  carrying  a live  load  of  at  least  one  hundred  and  fifty 
pounds  per  square  foot,  shall  be  subjected  to  a fire  continuous  for 
four  hours  at  an  average  temperature  of  seventeen  hundred  degrees 
Fahrenheit,  followed  by  an  application  for  not  less  than  ten  minutes 
of  a hose  stream  from  a one  and  one-eighth  inch  nozzle  at  sixty 
pounds  pressure,  without  appreciable  deterioration  or  the  passage 
of  flame  through  the  floor  during  the  test. 

b.  Load  tests.  When  the  strength  of  any  floor  filling  cannot  be 
determined  by  the  methods  prescribed  in  this  section  or  by  the  ap- 
plication of  accepted  engineering  formulae  the  safe  uniformly  dis- 
tributed carrying  capacity  shall  be  taken  as  one-sixth  of  the  total 
load  causing  failure  in  a full-sized  construction  with  the  load  applied 
at  two  points  each  at  one-third  of  the  span  from  the  ends  of  the  span. 

6.  Special  roof  construction.  For  mansards  and  dormers,  roofs  of 
bulkheads  and  roofs  having  a pitch  of  more  than  thirty  degrees 
with  the  horizontal,  blocks  of  terra  cotta,  stone  or  cinder  concrete, 
or  gypsum  containing  not  more  than  twenty-five  per  cent,  by  weight 
of  cinders,  asbestos  fibre,  wood  chips  or  vegetable  fibre,  not  less 
than  two  inches  thick,  resting  on  steel  shapes  spaced  not  more  than 
one  foot  for  each  inch  of  thickness  in  the  block  may  be  used  instead 
of  the  construction  prescribed  by  this  section  for  floors  and  roofs. 

7.  Tie  rods.  The  supporting  beams  in  fireproof  floors  and  roofs 
shall  be  tied  together  by  steel  tie  rods  of  proper  size,  spacing  and 
location,  within  the  limitations  fixed  by  § 308  of  this  chapter,  pro- 
vided that  when  the  floor  filling  is  in  the  form  of  reinforced  slabs 
and  the  reinforcement  is  continuous  over  the  supports  or  securely 
attached  to  the  same  tie  rods  may  be  omitted. 

8.  Span  of  floor  filling.  In  fireproof  buildings  the  span  of  any 
floor  filling  shall  not  exceed  eight  fee  except  when  reinforced  con- 
crete or  reinforced  terra  cotta  is  used. 

9.  Top  filling.  In  fireproof  buildings  the  space  between  the  floor 
filling  and  the  flooring  shall  be  filled  with  concrete,  consisting  of  one 
part  of  cement  and  not  more  than  ten  parts  of  cinders,  or  with  other 
incombustible  material  approved  by  the  rules  of  the  superintendent 
of  buildings. 

10.  Cutting  floors.  After  the  floor  filling  is  completed,  no  opening 
greater  than  two  square  feet  shall  be  cut  through  said  floors  unless 
suitable  metal  framing  or  reinforcing  is  provided  around  the  opening. 
When  pipes  or  conduits  pass  through  floor  fillings  the  openings  around 


42 


CHAPTER  5 


the  same  shall  be  filled  in  solidly  with  fireproof  material  unless 
approved  close  fitting  individual  sleeves  are  provided  with  space 
around  sleeves  filled  solidly  with  incombustible  material  are  provided. 

§ 355.  Partitions.  1.  Materials.  Except  as  otherwise  provided 
in  this  section  or  in  article  18  of  this  chapter,  partitions  hereafter 
erected  in  fireproof  buildings  shall  be  constructed  of  the  materials 
and  in  the  manner  herein  specified: 

a.  Brick  in  cement  mortar. 

b.  Concrete,  consisting  of  one  part  Portland  cement  and  not  more 
than  three  parts  of  sand  and  six  parts  of  stone  or  gravel,  not  less 
than  three  inches  thick  if  properly  reinforced  with  steel,  nor  less  than 
four  inches  thick  otherwise. 

c.  Cinder  concrete,  consisting  of  one  part  Portland  cement  and 
not  more  than  three  parts  of  sand  and  six  parts  of  cinders,  not  less 
than  four  inches  thick  if  properly  reinforced  with  steel,  not  less  than 
five  inches  thick  otherwise. 

d.  Hollow  terra  cotta  blocks,  laid  in  cement  mortar,  not  less  than 
three  inches  thick. 

e.  Hollow  concrete  blocks,  of  either  stone  or  cinder  concrete,  laid 
in  cement,  mortar,  not  less  than  three  inches  thick. 

f . Solid  or  hollow  blocks  consisting  of  gypsum  containing  not  more 
than  twenty-five  per  cent,  by  weight  of  either  cinders,  asbestos  fibre, 
wood  chips  or  vegetable  fibre,  laid  in  gypsum  plaster  or  cement 
mortar  tempered  with  lime,  not  less  than  three  inches  thick. 

g.  Metal  lath  on  a steel  studding  covered  with  portland  cement 
mortar  of  gypsum  plaster,  of  a finished  thickness  of  not  less  than  two 
inches  in  the  case  of  solid  partitions  not  less  than  three  inches  in 
the  case  of  hollow  partitions;  or 

h.  Any  material  and  form  of  construction  that  may  be  approved 
by  the  superintendent  of  buildings  as  conforming  to  the  requirements 
of  the  fire  test  hereinafter  prescribed. 

But  nothing  in  this  section  shall  prevent  the  erection,  in  the  direc- 
tion of  the  superintendent  of  buildings,  of  partitions  of  pressed  metal 
and  glass  or  of  temporary  partitions  of  wood  and  glass  within  rooms 
or  spaces  enclosed  by  fireproof  partitions  or  walls. 

2.  Construction.  Unless  built  as  approved  masonry  walls,  parti- 
tions in  fireproof  buildings  shall  be  independently  supported  at  each 
floor.  They  shall  be  keyed,  or  otherwise  securely  fastened  to  the 
ceilings,  and,  when  necessary,  shall  be  stiffened  with  suitable  steel 
uprights  securely  fastened  to  floor  and  ceiling.  Partitions  enclosing 
hallways  or  toilet  rooms  and  other  permanent  partitions  shall  not 
rest  on  wood  flooring  but  shall  start  on  the  fireproof  construction 
of  the  floor. 

3,  Tests  of  fireproof  partitions.  In  testing  the  fireproof  qualities 
of  any  partition  construction,  a vertical  panel  not  less  than  fourteen 
feet  long  and  nine  feet  high  shall  be  subjected  to  a fire  continuous 
for  not  less  than  one  hour  at  an  average  temperature  of  seventeen 
hundred  degrees  Fahrenheit  during  the  latter  half  hour,  followed  by 
an  application  for  not  less  than  two  and  one-half  minutes  of  a hose 
stream  from  a one  and  one-eighth  inch  nozzle  at  thirty  pounds  nozzle 
pressure,  without  the  passage  of  flame  during  the  test. 

§ 356.  Interior  finish.  1.  General  restrictions.  Except  as  herein- 


BUILDING  CODE 


43 


after  otherwise  permitted  no  woodwork  or  other  combustible  ma- 
terial shall  be  used  in  the  floors,  ceilings,  partitions,  furrings  or  other 
interior  finish  of  fireproof  buildings. 

2.  Woodwork  permitted,  a.  Floor  sleepers,  door  bucks  and 
grounds  may  be  of  wood  provided  that  they  are  not  exposed  on  any 
side;  but  this  shall  not  permit  the  use  of  anything  but  lath,  furring 
or  forms  of  metal  in  ceilings  or  in  ornamental  plastering  work. 

b.  When  the  height  of  the  building  does  not  exceed  one  hundred 
and  fifty  feet  the  doors  and  windows  and  their  frames,  the  trim, 
casings  and  other  interior  finish  when  filled  solid  at  the  back  with 
fireproof  material,  and  the  flooring  may  be  of  wood. 

3.  Restrictions  in  buildings  over  one  hundred  and  fifty  feet  high. 
When  the  height  of  the  building  exceeds  one  hundred  and  fifty 
feet. 

a.  the  flooring  shall  be  of  incombustible  material,  or  of  fireproofed 
wood,  provided  that  in  public  halls  and  stairways  no  wood  of  any 
kind,  except  for  handrails,  shall  be  used; 

b.  the  inside  window  frames  and  sash,  doors,  trim  and  other  in- 
terior finish  shall  be  of  metal  or  wood  covered  with  metal,  or  of  fire- 
proofed wood,  or  of  any  incombustible  materials  or  any  combination 
of  materials  that  will  show  a fire  resistance  not  less  than  that  of  fire- 
proofed wood. 

4.  Fireproofed  wood.  The  superintendent  of  buildings  shall  adopt 
rules  prescribing  the  tests  to  which  fireproofed  wood  and  incom- 
bustible materials  or  any  combination  of  materials  shall  be  sub- 
jected. Such  rules  shall  also  provide  for  the  inspection  and  marking 
of  the  materials,  to  insure  the  installation  of  tested  and  approved 
materials  only.  No  wood  or  other  material  required  to  be  tested, 
shall  hereafter  be  placed  in  any  building  exceeding  one  hundred  and 
fifty  feet  in  height  except  in  conformity  to  the  requirements  of  this 
section. 

§ 357.  Exterior  windows.  When  the  height  of  a fireproof  building 
exceeds  one  hundred  and  fifty  feet,  all  exterior  window  frames  and 
sash  shall  be  of  metal,  or  of  wood  covered  with  metal  in  the  manner 
prescribed  by  the  rules  of  the  superintendent  of  buildings. 

§ 358.  Approvals.  1.  Existing  approvals  continued.  Any  ma- 
terial or  form  of  construction  coming  under  the  provisions  of  this 
article  and  heretofore  approved  may  be  used  for  the  purposes  for 
which  it  was  approved,  except  so  far  as  it  may  be  inconsistent  with 
specific  provisions  of  this  article. 

2.  New  materials  and  constructions.  Approvals  for  new  materials 
and  forms  of  construction  shall  be  issued  in  accordance  with  the 
provisions  of  § 22  of  this  chapter.  Nothing  in  this  chapter  shall 
prevent  the  superintendent  of  buildings  from  accepting  duly  au- 
thenticated tests  by  any  competent  person,  in  lieu  of  the  tests  under 
his  own  supervision,  provided  the  intent  of  this  article  is  secured. 

§ 2.  Nothing  in  this  ordinance  shall  prohibit  the  use  of  material 
already  fabricated  or  of  any  construction  already  erected,  which 
conforms  to  previously  existing  statutes,  but  this  shall  not  be  con- 
strued to  permit  the  continuance  of  any  construction  erected  in 
violation  of  any  statute  previously  in  force,  nor  to  prevent  the  col- 
lection of  any  penalty  heretofore  incurred. 


44 


CHAPTER  9 


Article  18. — Fire  Walls  and  Shafts, 

Section  370.  Repealed  by  ord.  effective  Sept.  1,  1915. 

Article  21 . — Construction  Generally. 

Sections  443,  444,  445.  Repealed  May  1,  1915. 

Chapter  9. — Electrical  Control. 

{New.  Approved  July  16,  1916.) 

Article  1.  General  provisions. 

2.  Generators,  motors,  switchboards. 

3.  Outside  work. 

4.  Inside  work. 

5.  Fittings,  materials  and  details  of  construction. 

6.  Miscellaneous. 

7.  Violations. 

Article  1. — General  Provisions. 

Section  1.  Definitions. 

2.  Jurisdiction;  powers  and  duties  of  the  commissioner. 

3.  Federal  buildings. 

4.  City  departments. 

6.  Public  service  electric  corporations. 

6.  Installations,  alterations  or  repairs  of  wiring  or  ap- 

pliances. 

7.  Applications. 

8.  License  board. 

9.  Fees. 

10.  Inspection. 

11.  Certificate  of  inspection. 

12.  Supplying  current. 

13.  Discontinuing  current. 

Section  1.  Definitions. 

Unless  otherwise  expressly  stated,  the  following  terms  whenever 
used  in  this  chapter  shall  respectively  be  deemed  to  mean  and  in- 
clude: 

1.  Appliances;  all  electrical  apparatus  or  fittings,  except  fuse 
renewals,  incandescent  lamp  renewals  and  portable  devices  which 
together  with  their  cables  and  attachments  have  been  approved  for 
connection  to  appropriate  parts  of  the  permanent  electrical  equip- 
ment. 

2.  Approved;  approved  in  writing  by  the  commissioner  of  water 
supply,  gas  and  electricity. 

3.  B.  & S.  gauge;  Brown  and  Sharpe  gauge  for  wire; 

4.  Building,  any  edifice,  structure  or  enclosure,  whether  roofed  or 
unroofed; 

5.  Certificate  of  inspection;  the  certificate  of  the  commissioner  that 
the  installation,  alteration  or  repair  of  electric  wiring  or  appliances 
for  light,  heat  or  power  in  a building  has  been  inspected,  and  is  ap- 
proved by  the  department,  either  temporarily  or  finally; 

6.  Extra-high  potential  system;  any  circuit  attached  to  any  machine 


ELECTRICAL  CONTROL 


45 


or  combination  of  machines  which  develops  a difference  of  potential 
between  any  two  wires,  of  over  3,500  volts,  shall  be  considered  as  an 
extra-high  potential  circuit,  and  as  coming  under  that  class,  unless 
an  approved  transforming  device  is  used,  which  cuts  the  difference 
of  potential  down  to  3,500  volts  or  less; 

7.  High-potential  system;  any  circuit  attached  to  any  machine  or 
combination  of  machines  which  develops  a difference  of  potential 
between  any  two  wires,  of  over  550  volts  and  less  than  3,500  volts, 
unless  an  approved  transforming  device  is  used,  which  cuts  the 
difference  of  potential  down  to  550  volts  or  less;  for  550  volt  motor 
equipments  a margin  of  10  per  cent,  above  the  550  volt  limit  will 
be  allowed  at  the  generator  or  transformer  without  coming  under 
high-potential  systems; 

8.  License;  the  authorization  of  the  commissioner  for  a person 
to  engage  generally  in  the  business  of  installing,  altering  or  repairing 
electric  wiring  or  appliances  for  light,  heat  or  power  in  buildings; 

9.  Low-potential  system;  any  circuit  attached  to  any  transforming 
device,  machine,  or  combination  of  machines,  which  develops  a 
difference  of  potential  between  any  two  wires,  of  not  over  550  volts; 
the  primary  circuit  not  to  exceed  a potential  of  3,500  volts  unless  the 
primary  wires  are  installed  in  accordance  with  the  requirements  as 
given  in  No.  13,  or  are  underground;  for  500  volt  motor  equipments  a 
margin  of  10  per  cent,  above  the  550  volt  limit  will  be  allowed  at  the 
generator  or  transformer; 

10.  Signalling  system;  wiring  for  telephone,  telegraph  (except 
wireless  telegraph  apparatus)  district  messenger  and  call  bell  circuits, 
fire  and  burglar  alarms,  and  all  similar  systems  which  are  hazardous 
only  because  of  their  liability  to  become  crossed  with  electric  light, 
heat  or  power  circuits. 

11.  Special  license,  the  authorization  of  the  comynissioner  for  a person 
in  the  exclusive  employ  of  the  owner  or  manager  of  a building  to  install, 
alter  or  repair  electric  wiring  or  appliances  for  light,  heat  or  power 
therein  during  the  term  of  such  special  license; 

12.  Special  permit;  the  authorization  of  the  commissioner  for  a 
person  to  install  or  repair  electric  wiring  or  appliances  for  light,  heat 
or  power  upon  an  individual  application. 

§ 2.  Jurisdiction;  powers  and  duties  of  the  commissioner; 

The  commissioner  of  water  supply,  gas  and  electricity  is  empowered 
to 

1.  Make  rules  and  regulations  respecting  the  installing,  altering  or 
repairing  of  electric  wiring  or  appliances  for  light,  heat  or  power  in 
or  upon  any  building; 

2.  Cause  any  electric  wiring  or  appliance  for  light,  heat  or  power 
in  or  upon  any  building  to  be  examined  and  inspected  by  an  officer 
or  employee  of  the  department  designated  for  that  purpose; 

3.  Order  in  writing  the  remedying  of  any  defect  or  deficiency  in 
the  installing,  altering  or  repairing  of  electric  wdring  or  appliances 
for  light,  heat  or  power,  in  or  upon  any  building; 

4.  Cause  any  order  of  the  commissioner  which  is  not  complied 
with,  within  the  time  fixed  in  such  order  for  compliance  therewith, 
to  be  enforced  and  to  take  proceedings  for  its  enforcement. 

§ 3.  Federal  buildings. 


46 


CHAPTER  9 


Nothing  in  this  chapter  shall  be  construed  to  apply  to  any  building, 
the  electrical  equipment  of  which  is  under  the  control  of  the  Unitea 
States  Government  or  of  any  department  or  officer  thereof. 

§ 4.  City  departments. 

The  various  departments,  boards  and  officers  of  the  city  shall  be 
subject  to  the  provisions  of  this  chapter  in  so  far  as  the  same  may 
be  applicable,  but  shall  not  be  required  to  pay  fees;  provided,  that 
nothing  in  this  chapter  shall  be  so  construed  as  to  affect  or  in  any 
way  modify  the  provisions  of  § 7,  article  1 of  chapter  9 of  this  code 
or  of  chapter  458  of  the  laws  of  1912. 

§ 5.  Public  service  electric  corporations. 

The  provisions  of  this  chapter  shall  not  apply 

1.  To  electrical  equipment  used  in  connection  with  railroads. 

2.  To  the  following  described  electrical  equipment  used  in  con- 
nection with  lighting  and  power  companies:  (a)  generating  stations, 
(b)  substations,  (c)  storage  battery  stations,  (d)  storage  buildings 
and  yards  and  (e)  service  switches  and  controlling  devices  and  meters 
and  their  attached  controlling  and  testing  devices;  provided,  that 
the  electrical  equipment  hereinabove  referred  to  be  owned  or  leased 
and  operated  by,  or  for  the  exclusive  benefit  of,  persons  or  corpora- 
tions subject  to  the  jurisdiction  of  either  of  the  public  service  com- 
missions of  the  State  of  New  York,  or  their  successors. 

§ 6.  Installations,  alterations  or  repairs  of  wiring  or  appliances. 

1.  Generally.  No  person  shall  install,  alter  or  repair  electric 
wiring  or  appliances  for  light,  heat  or  power  in  any  building  except 
a person  holding  a license,  a special  license  or  a special  permit  as 
defined  in  § 1 of  this  chapter,  or  a person  employed  by  arid  working 
under  the  general  supervision  of  the  holder  of  a license,  a special  license 
or  a special  permit,  and  after  application  for  a certificate  of  inspection 
of  such  installation,  alteration  or  repair.  A license  or  a special  license 
shall  remain  in  force  for  1 year  from  the  date  of  issue,  and  a special 
permit  shall  remain  in  force  during  the  performance  of  the  work 
which  it  authorizes,  unless  modified,  suspended  or  revoked  as  here- 
inafter provided;  but  in  no  case  shall  a special  permit  remain  in  force 
for  more  than  1 year. 

2.  Modification,  suspension  or  revocation  of  special  permits  and 
licenses.  The  commissioner  may  at  any  time  by  an  order  in  writing, 
for  good  cause  shown,  modify,  suspend  or  revoke  any  special  permit 
issued  pursuant  to  this  chapter,  and  in  like  manner,  but  upon  recom- 
mendation of  the  license  board,  he  may  modify,  suspend  or  revoke 
any  license  similarly  issued. 

§ 7.  Applications. 

All  applications  for  licenses,  special  licenses,  special  permits  or 
certificates  of  inspection  shall  be  made  to  the  commissioner,  in  such 
form  and  detail  as  he  may  from  time  to  time  prescribe.  A license, 
special  license  or  special  permit  shall  not  be  transferable. 

§ 8.  License  board. 

1.  Organization.  The  commissioner  shall  appoint  a board  to  de- 
termine the  fitness  of  applicants  for  licenses,  which  shall  consist  of : 

1.  An  officer  or  employee  of  the  department; 

b.  A master  or  employing  electrician; 

c.  A journeyman  electrician; 


ELECTRICAL  CONTROL 


47 


d.  An  underwriters’  electrical  inspector; 

e.  An  electrician  in  the  employ  of  a public  service  corporation 

of  the  city; 

f.  An  architect  or  builder  of  at  least  five  years’  practical  ex- 

perience; 

g.  A real  estate  owner  or  broker. 

The  member  of  the  board  who  is  an  officer  or  employee  of  the  de- 
partment shall  serve  as  chairman,  and  all  members  shall  serve  with- 
out compensation.  Four  members,  including  the  chairman,  who 
shall  be  entitled  to  vote,  shall  constitute  a quorum  of  the  board  for 
the  transaction  of  business;  but  no  recommendation  for  the  issue, 
modification,  suspension  or  revocation  of  a license  shall  be  adopted 
except  by  the  vote  of  four  members  of  the  board. 

2.  Jurisdiction.  All  applications  for  licenses  or  special  licenses 
shall  be  referred  by  the  commissioner  to  the  board,  which  shall 
promptly  investigate  and  report  to  the  commissioner  as  to  the  fitness 
for  license  of  the  respective  applicants.  The  board  shall  meet  at 
least  once  in  every  week  for  the  consideration  of  such  applications. 
The  board  shall  investigate  and  report  to  the  commissioner  respecting 
any  charge  that  may  be  made  against  the  holder  of  a license  or  a 
special  license. 

§ 9.  Fees. 

There  shall  be  charged  and  collected  by  the  commissioner  a fee  of 
$10  for  each  license  issued  under  the  provisions  of  this  chapter  and 
thereafter  an  annual  fee  of  $5  for  each  renewal  of  such  license  and  a 
fee  of  $1  for  each  special  license  or  special  permit  so  issued. 

§ 10.  Inspection. 

The  commissioner  or  any  duly  authorized  officer  or  employee  of 
the  department  of  water  supply,  gas  and  electricity  may  enter  or  go 
upon,  at  any  reasonable  hour,  any  building  in  or  upon  which  are 
wires  or  other  apparatus  for  electric  currents  for  light,  heat  or  power, 
to  make  inspection  of  such  wires  or  other  appliances  or  for  any  other 
purpose  in  furtherance  of  the  provisions  of  this  chapter. 

§ 11.  Certificate  of  inspection. 

1.  Issue.  If,  after  inspection,  the  electric  wiring  or  appliances  for 
light,  heat  or  power  in  a building  shall  be  found  by  the  commissioner 
to  have  been  installed,  altered  or  repaired  in  conformity  with  the 
requirements  of  this  chapter,  he  shall  issue  a temporary  or  final 
certificate  of  inspection  therefor. 

2.  Modification y suspension  or  revocation.  The  commissioner  may 
at  any  time  by  an  order  in  writing,  for  good  cause  shown,  modify, 
suspend  or  revoke  any  certificate  of  inspection  issued  pursuant  to 
this  chapter,  but  no  such  order  shall  be  effective  unless  same  shall 
state  specifically  the  reason  therefor,  nor  until  a copy  of  such  order 
has  been  served  upon  the  owner,  lessee  or  occupant  of  the  premises 
affected  thereby;  or,  if  the  owner,  lessee  or  occupant  cannot  be 
ascertained  or  located  by  the  exercise  of  reasonable  diligence,  a copy 
of  such  notice  shall  have  been  conspicuously  posted  upon  the  prem- 
ises. 

§ 12.  Supplying  current. 

No  person  shall  supply  electric  current  for  light,  heat  or  power  to 
any  wiring  or  appliances  in  any  building  until  a certificate  of  in- 


48 


CHAPTER  9 


spection,  temporary  or  final,  authorizing  the  use  of  said  wiring  or 
appliances  shall  have  been  issued  by  the  commissioner. 

§ 13.  Discontinuing  current. 

If,  in  the  judgment  of  the  commissioner,  after  due  inspection,  the 
electric  wiring  or  appliances  in  any  building,  shall  be  unsafe  or  dan- 
gerous to  persons  or  property,  the  commissioner  shall  have  power 
to  cause  such  wires  or  appliances  to  be  disconnected  from  the  sup- 
pl}dng  wires  or  apparatus  and  to  seal  the  wiring  and  appliances  so 
disconnected.  Thereafter  no  person  shall  cause  or  permit  electric 
current  to  be  supplied  to  wiring  or  appliances  so  sealed  until  the 
same  shall  have  been  made  safe  and  the  commissioner  shall  have 
issued  a certificate  to  that  effect;  provided,  however,  that  no  wiring 
or  appliances  shall  be  disconnected  pursuant  to  this  section  until  a 
notice  in  writing,  stating  specifically  the  reason  why  such  wiring  or 
appliances  must  be  disconnected,  shall  have  been  served  upon  the 
owner,  lessee  or  occupant  of  the  premises  affected  thereby,  or  con- 
spicuously posted  in  or  upon  said  premises,  and  a duplicate  thereof 
shall  have  been  delivered  to  the  person  supplying  the  current  to 
such  wiring  or  appliances. 

Article  2. — Generators^  Motors^  Switchboards. 

Section  201.  Generators. 

202.  Conductors  from  generators  to  switchboards,  rheostats 

or  other  instruments  and  thence  to  outside  lines. 

203.  Switchboards. 

204.  Resistance  devices. 

205.  Lightning  arresters. 

206.  Care  and  attendance. 

207.  Testing  of  insulation  resistance. 

208.  Motors. 

209.  Railway  power  plants. 

210.  Storage  or  primary  batteries. 

211.  Transformers. 

Section  201.  Generators. 

a.  Generators  must  be  located  in  a dry  place. 

b.  Generators  must  never  be  placed  in  a room  where  any  hazardous 
process  is  carried  on,  nor  in  places  where  they  would  be  exposed  to 
inflammable  gases  or  flyings  of  combustible  materials. 

c.  Generators  must,  when  operating  at  a potential  in  excess  of 
550  volts,  have  their  base  frames  permanently  and  effectively 
grounded. 

Generators  must,  when  operating  at  a potential  of  550  volts  or 
less,  be  thoroughly  insulated  from  the  ground  wherever  feasible. 
Wooden  base  frames  used  for  this  purpose,  and  wooden  floors  which 
are  depended  upon  for  insulation  where,  for  any  reason,  it  is  neces- 
sary to  omit  the  base  frames,  must  be  kept  filled  to  prevent  absorp- 
tion of  moisture,  and  must  be  kept  clean  and  dry. 

Where  frame  insulation  is  impracticable^  special  permission  for 
its  omission  may  be  given  in  writing,  in  which  case  the  frame  must 
be  permanently  and  effectively  grounded. 

d.  Constant  potential  generators,  except  alternating  current 


ELECTRICAL  CONTROL 


49 


machines  and  their  exciters,  must  be  protected  from  excessive  cur- 
rent by  safety  fuses  or  equivalent  devices  of  approved  design. 

For  two- wire  D.  C.  generators,  single-pole  protection  will  be  con- 
sidered as  satisfying  the  above  rule,  provided  the  safety  device  is  so 
located  and  connected  that  the  means  for  opening  same  is  actuated 
by  the  entire  generator  current,  and  the  action  thereof  will  completely 
open  the  generator  circuit. 

For  two- wire  D.  C.  generators  used  in  conjunction  with  balance 
sets  to  obtain  a neutral  for  three-wire  systems,  a protective  device 
must  be  installed,  which  in  case  of  the  excessive  unbalancing  of 
voltages  will  operate  to  disconnect  the  three-wire  system. 

If  a generator,  not  electrically  driven,  in  a two-wii'e  system  has 
one  terminal  grounded,  the  safety  device  above  mentioned  must 
be  placed  in  the  grounded  lead. 

For  three-wire  direct-current  generators  compound  or  shunt 
wound,  a safety  device  must  be  placed  in  each  armature  lead,  and 
so  connected  as  to  receive  the  entire  current  from  the  armature. 
Fuses  will  not  be  acceptable.  The  safet}^  device  must  consist  of 
either:  (1)  A double  pole,  double  coil,  overload  circuit  breaker,  or 
(2)  a four-pole  circuit  breaker  connected  in  the  main  and  equalizer 
leads,  and  tripped  by  means  of  two  overload  devices,  one  in  each 
armature  lead. 

The  safety  devices  above  required  must  be  so  interlocked  that  no 
pole  can  be  opened  without  simultaneously  disconnecting  both  sides 
of  the  armature  from  the  system. 

e.  Generators  must  each  be  provided  with  a name-plate,  giving 
the  maker^s  name,  the  capacity  in  volts  and  amperes,  and  the  normal 
speed  in  revolutions  per  minute. 

f.  Terminal  blocks  when  used  on  generator  must  be  made  of 
approved  non-combustible,  non-absorptive,  insulating  material,  such 
as  slate,  marble  or  porcelain. 

g.  The  use  of  soft  rubber  bushings  to  protect  the  lead  wires  coming 
through  the  frames  of  generators  is  permitted,  except  when  installed 
where  oils,  grease,  oily  vapors  or  other  substances  known  to  have 
rapid  deleterious  efiFect  on  rubber  are  present  in  such  quantities  and 
in  such  proximity  to  motor  or  dynamo  as  may  cause  such  bushing 
to  be  liable  to  rapid  destruction.  In  such  cases  hard  wood,  properly 
filled,  or  preferably  porcelain  or  micanite  bushings  must  be  used. 

§ 202.  Conductors  from  generators  to  switchboards,  rheostats  or 
other  instruments,  and  thence  to  outside  lines. 

a.  Conductors  must  be  in  plain  sight  or  readily  accessible.  Wires 
from  generator  to  switchboard  may,  however,  be  placed  in  a run-way 
in  the  brick  or  cement  pier  on  which  the  generator  stands.  When 
protection  against  moisture  is  necessary,  lead-covered  cable  or  iron 
conduit  must  be  used. 

b.  Conductors  must  have  an  approved  insulating  covering  as 
called  for  by  rules  in  article  4 of  this  chapter  for  similar  work,  except 
that  in  central  stations,  on  exposed  circuits,  the  wire  which  is  used 
must  have  a heavy-braided,  non-combustible  outer  covering.  Con- 
ductors used  as  bus  bars  may  be  made  of  bare  metal.  Wires  with 
inflammable  outer  braiding,  when  brought  close  together,  as  in  the 
rear  of  switchboards,  must,  when  required,  be  each  surrounded  with 

4 


r>o 


CHAPTER  0 


a tight,  non-combustible  outer  cover.  Flame  proofing  must  be 
stripped  back  on  all  cables  a sufficient  amount  to  give  the  necessary 
insulation  distances  for  the  voltage  of  the  circuit  on  which  the  cable 
is  used. 

c.  Conductors  must,  where  not  in  a conduit,  be  kept  so  rigidly 
in  place  that  they  cannot  come  in  contact. 

d.  Conductors  must  in  all  other  respects  be  installed  with  the 
same  precautions  as  required  by  rules  in  article  4 for  wires  caiTving 
a current  of  the  same  volume  and  potential. 

e.  In  wiring  switchboards,  the  ground  detector,  voltmeter,  pilot 
lights  and  potential  transformers  must  be  connected  to  a circuit  of 
not  less  than  No.  14  B.  & S.  gauge  wire  that  is  protected  by  an  ap- 
proved fuse,  this  circuit  not  to  carry  over  660  watts. 

For  the  protection  of  instruments  and  pilot  lights  on  switchboards, 
approved  N.  E.  Code  Standard  Enclosed  Fuses  are  preferred,  but 
approved  enclosed  fuses  of  other  designs  of  not  over  two  (2)  amperes 
capacity,  may  be  used. 

§ 203.  Switchboards. 

a.  Switchboards  must  be  so  placed  as  to  reduce  to  a minimum  the 
danger  of  communicating  fire  to  adjacent  combustible  material. 

Switchboards  must  not  be  built  up  to  the  ceiling,  a space  of  three 
feet  being  left,  if  possible,  between  the  ceiling  and  the  board.  The 
space  back  of  the  board  must  be  kept  clear  of  rubbish  and  not  used 
for  storage  purposes. 

b.  Switchboards  must  be  made  of  non-combustible  material. 

c.  Switchboards  must  be  accessible  from  all  sides  when  the  con- 
nections are  on  the  back,  but  may  be  placed  against  a brick  or  stone 
wall  when  the  wiring  is  entirely  on  the  face. 

If  the  wiring  is  on  the  back,  there  must  be  a clear  space  of  at  least 
eighteen  inches  between  the  wall  and  the  apparatus  on  the  board, 
and  even  if  the  wiring  is  entirely  on  the  face,  it  is  much  better  to 
have  the  board  set  out  from  the  wall. 

d.  Switchboards  must  be  kept  free  from  moisture. 

e.  Wires  with  inflammable  outer  braiding,  when  brought  close 
together,  as  in  the  rear  of  switchboards,  must,  when  required,  be 
each  surrounded  with  a tight,  non-combustible  outer  cover. 

Flame  proofing  must  be  stripped  back  on  all  cables  a sufficient 
amount  to  give  the  necessary  insulation  distances  for  the  voltage  of 
the  circuit  on  which  the  cable  is  used. 

§ 204.  Resistance  devices. 

a.  Resistance  devices  must  be  placed  on  a switchboard,  or  at  a 
distance  of  at  least  one  foot  from  combustible  material,  or  separated 
therefrom  by  a slab  or  panel  of  non-combustible,  non-absorptive 
insulating  material  such  as  slate,  soapstone  or  marble,  somewhat 
larger  than  the  rheostat,  which  must  be  secured  in  position  inde- 
pendently of  the  rheostat-  supports.  Bolts  for  supporting  the  rheo- 
stat shall  be  countersunk,  at  least  1-8  inch,  below  the  surface  at 
the  back  of  the  slab  and  the  bolt  heads  shall  be  covered  with  insulat- 
ing material.  For  proper  mechanical  strength,  slab  should  be  of 
a thickness  consistent  with  the  size  and  weight  of  the  rheostat,  and 
in  no  case  to  be  less  than  3^  inch. 

If  resistance  devices  are  installed  in  rooms  where  dust  or  com- 


E1.ECTIUCAL  CONTROL 


51 


bustible  flyings  are  liable  to  accumulate  on  them,  they  must  be 
equipped  with  dust-proof  face-plates. 

b.  Where  protective  resistances  are  necessary  in  connection  with 
automatic  rheostats,  incandescent  lamps  may  be  used,  provided 
that  they  do  not  carry  or  control  the  main  current  nor  constitute 
the  regulating  resistance  of  the  device. 

When  so  used,  lamps  must  be  mounted  in  porcelain  receptacles 
upon  non-combustible  supports,  and  must  be  so  arranged  that  they 
cannot  have  impressed  upon  them  a voltage  greater  than  that  for 
which  they  are  rated.  They  must  in  all  cases  be  provided  with  a 
name-plate,  which  shall  be  permanently  attached  beside  the  porcelain 
receptacle  or  receptacles  and  stamped  with  the  candlepower  and 
voltage  of  the  lamp  or  lamps  to  be  used  in  each  receptacle. 

Under  special  authorization  in  writing,  given  in  advance,  in- 
candescent lamps  may  be  used  for  the  purpose  of  resistances  in  series 
with  other  devices  when  mounted  in  porcelain  receptacles  upon 
non-combustible  supports  and  so  arranged  that  they  cannot  have 
impressed  upon  them  a voltage  greater  than  that  for  which  they  are 
rated. 

c.  Wherever  insulated  wire  is  used  for  connection  between  re- 
sistance elements  and  the  contact  device  of  a rheostat,  the  insulation 
must  be  non-combustible  or  slow  burning.  For  large  field  rheostats 
and  similar  resistances,  where  the  contact  devices  are  not  mounted 
upon  them,  the  connecting  wires  having  slow  burning  insulation 
may  be  so  arranged  in  groups  that  the  maximmn  difference  of 
potential  betw^een  any  two  wires  in  a group  shall  not  exceed  75  volts. 
Each  group  of  wires  must  either  be  mounted  on  non-combustible, 
non-absorptive  insulators  giving  at  least  3^  inch  separation  from 
surface  wired  over,  or,  especially  where  it  is  necessary  to  protect  same 
from  mechanical  injury,  each  group  of  wires  may  be  encased  in 
approved  flexible  tubing  and  placed  in  approved  conduit,  the  flexible 
tubing  to  extend  at  least  1 inch  beyond  the  ends  of  the  conduit. 

§ 205.  Lightning  arresters. 

a.  Lightning  arresters  must  be  attached  to  each  wire  of  every 
overhead  circuit  connected  with  the  station. 

b.  Lightning  arresters  must  be  located  in  readily  accessible  places 
away  from  combustible  materials,  and  as  near  as  practicable  to  the 
point  where  the  wires  enter  the  building. 

In  all  cases,  kinks,  coils,  and  sharp  bends  in  the  wires  between  the 
arresters  and  the  outdoor  lines  must  be  avoided  as  far  as  possible. 

c.  Lightning  arresters  must  be  connected  with  a thoroughly  good 
and  permanent  ground  connection  by  metallic  strips  or  wires  having 
a conductivity  not  less  than  that  of  a No.  6 B.  S.  gauge  copper  wire, 
which  must  be  run  as  nearly  in  a straight  line  as  possible  from  the 
arresters  to  the  ground  connection. 

Ground  wires  for  lightning  arresters  must  not  be  attached  to  gas 
pipes  within  the  buildings  nor  be  run  inside  of  iron  pipes. 

d.  All  choke  coils  or  other  attachments,  inherent  to  the  lightning 
protection  equipment,  shall  have  an  insulation  from  the  ground 
or  other  conductors  equal  at  least  to  the  insulation  demanded  at 
other  points  of  the  circuit  in  the  station. 

§ 206.  Care  and  attendance. 


CHAPTER  9 


ry2 


a.  A competent  man  must  be  kept  on  duty  where  generators  are 
operating. 

b.  Oily  waste  must  be  kept  in  approved  waste  cans  and  removed 
daily. 

§ 207.  Testing  of  insulation  resistance. 

a.  All  circuits  except  such  as  are  permanently  grounded  in  ac- 
cordance with  § 215  of  this  chapter  must  be  provided  with  reliable 
ground  detectors.  Detectors  which  indicate  continuously  and  give 
an  instant  and  permanent  indication  of  a ground  are  preferable. 
Ground  wires  from  detectors  must  not  be  attached  to  gas  pipes 
within  the  building. 

b.  Where  continuously  indicating  detectors  are  not  feasible,  the 
circuits  should  be  tested  at  least  once  per  day,  and  preferably  oftener. 

§ 208.  Motors. 

a.  Motors  must,  when  operating  at  a potential  in  excess  of  550 
volts,  have  no  exposed  live  metal  parts,  and  have  their  base  frames 
permanently  and  effectively  grounded. 

Motors  operating  at  a potential  of  550  volts  or  less  must  be 
thoroughly  insulated  from  the  ground  wherever  feasible.  Wooden 
base  frames  used  for  this  purpose,  and  wooden  floors,  which  are  de- 
pended upon  for  insulation  where,  for  any  reason,  it  is  necessary  to 
omit  the  base  frames,  must  be  kept  filled  to  prevent  absorption  of 
moisture,  and  must  be  kept  clean  and  dry.  Where  frame  insulation 
is  impracticable,  special  permission,  in  writing,  may  be  given  for 
its  omission,  in  which  case  the  frame  must  be  permanently  and  ef- 
fectively grounded. 

b.  Motors  operating  at  a potential  of  550  volts  or  less  must  be 
wired  with  the  same  precautions  as  required  by  rules  in  article  4 
of  this  chapter,  for  wires  carrying  a current  of  the  same  volume. 

Motors  operating  at  a potential  between  550  and  3,500  volts 
must  be  wired  with  approved  multiple  conductor,  metal  sheathed 
cable  in  approved  unlined  nrietal  conduit  firmly  secured  in  place. 
The  metal  sheath  must  be  permanently  and  effectively  grounded, 
and  the  construction  and  installation  of  the  conduit  must  conform  to 
rules  for  interior  conduits  (see  § 428  of  this  chapter),  except  that  at 
outlets  approved  outlet  bushings  shall  be  used. 

The  motor  leads  or  branch  circuits  must  be  designed  to  carry  a 
current  at  least  25  per  cent,  greater  than  that  for  which  the  motor 
is  rated.  Where  the  wires  under  this  rule  would  be  overfused  in 
order  to  provide  for  the  starting  current,  as  in  the  case  of  many  of 
the  alternating  current  motors,  the  wires  must  be  of  such  size  as  to 
be  properly  protected  by  these  larger  fuses. 

The  current  used  in  determining  the  size  of  varying  speed  al- 
ternating current  motor  leads  or  branch  circuits  must  be  the  per- 
centage of  the  30-minute  current  rating  of  the  motor  as  given  for 
the  several  classifications  of  service  in  the  following  table: 


ELECTRICAL  CONTROL 


Percentage 
of  current 

Classification  of  Services.  rating  of 

motor. 


Operating  valves,  raising  or  lowering  rolls,  tool  heads,  etc. . . . 200 

Hoists,  rolls,  ore  and  coal-handling  machines 180 

Freight  elevators,  shop  cranes 160 

Passenger  elevators 140 

Rolling  tables,  pumps 120 


The  insulation  of  the  several  conductors  for  high-potential  motors, 
where  leaving  the  metal  sheath  at  outlets,  must  be  thoroughly  pro- 
tected from  moisture  and  mechanical  injury.  This  may  be  accom- 
plished by  means  of  a pot  head  or  some  equivalent  method.  The 
conduit  must  be  substantially  bonded  to  the  metal  casings  of  all 
fittings  and  apparatus  connected  to  the  inside  high-tension  circuit. 

Where  outside  wires  directly  enter  the  motor  room,  special  per- 
mission, in  writing,  must  be  obtained  to  install  the  wires  for  high- 
potential  motors  according  to  the  general  rules  for  high-potential 
systems. 

e.  Each  motor  and  resistance  box  must  be  protected  by  a cut-out 
and  controlled  by  a switch  (see  § 419a  of  this  chapter),  said  switch 
plainly  indicating  whether  ^‘on’^  or  (except  as  provided  for 

electric  cranes,  see  §443c).  Small  motors  may  be  grouped  under 
the  protection  of  a single  set  of  fuses,  provided  the  rated  capacity  of 
the  fuses  does  not  exceed  6 amperes.  With  motors  of  }4.  horse  power 
or  less,  on  circuits  where  the  voltage  does  not  exceed  300,  single 
pole  switches  may  be  used  as  allowed  in  § 424c  of  this  chapter.  The 
switch  and  rheostat  must  be  located  within  sight  of  the  motor,  except 
in  cases  where  special  permission  in  writing  is  given  to  locate  them 
elsewhere. 

Where  the  circuit-breaking  device  on  the  motor-starting  rheostat 
disconnects  all  wires  of  the  circuit,  the  switch  called  for  in  this  sec- 
tion may  be  omitted. 

Overload-release  devices  on  motor-starting  rheostats  will  not  be 
considered  to  take  the  place  of  the  cut-out  required  by  this  section. 

An  automatic  circuit-breaker  disconnecting  all  wires  of  the  circuit 
may  serve  as  both  switch  and  cut-out. 

Where  rubber-covered  wire  is  used  for  the  leads  or  branches  of 
A.  C.  motors  of  the  types  requiring  large  starting  currents,  the  wire 
may  be  protected  in  accordance  with  table  B of  § 418  of  this  chapter, 
except  when  circuit-breakers  are  installed  w^hich  are  equipped  with 
time-element  devices. 

d.  Rheostats  must  be  so  installed  as  to  comply  with  all  the  re- 
quirements of  § 204  of  this  chapter.  Auto  starters  must  comply 
with  requirements  of  § 204c  of  this  chapter. 

Auto  starters,  unless  equipped  with  tight  casings  enclosing  all 
current-carrying  parts,  in  all  wet,  dusty  or  linty  places,  must  be 
enclosed  in  dust-tight,  fireproof  cabinets.  Where  there  is  any  liability 
of  short  circuits  across  their  exposed  live  parts  due  to  accidental 
contacts,  a raihng  must  be  erected  around  them. 


54 


CHAPTER  9 


e.  Motors  must  not  be  run  in  series-multiple  or  multiple-series, 
except  on  constant-potential  systems,  and  then  only  by  special 
permission. 

f.  Motors  must  be  covered  with  a waterproof  cover  when  not  in 
use,  and,  if  deemed  necessary,  must  be  enclosed  in  an  approved  case. 

Such  enclosures  must  be  readily  accessible,  dust-proof  and  suffi- 
ciently ventilated  to  prevent  an  excessive  rise  of  temperature. 
Where  practicable  the  sides  should  be  made  largely  of  glass,  so 
that  the  motor  may  be  always  plainly  visible. 

The  use  of  enclosed  type  motors  is  recommended  in  dusty  places, 
being  preferable  to  wooden  boxing. 

Where  deemed  necessary,  motors  permanently  located  on  wooden 
floors  must  be  provided  with  suitable  drip  pans. 

g.  Motors  must,  when  combined  with  ceiling  fans,  be  hung  from 
insulated  hooks,  or  else  there  must  be  an  insulator  interposed  be- 
tween the  motor  and  its  support. 

h.  Motors  must  each  be  provided  with  a name-plate,  giving  the 
maker’s  name,  the  capacity  in  volts  and  amperes,  and  the  normal 
speed  in  revolutions  per  minute. 

All  varying  (or  variable)  speed  alternating  current  motors  except 
those  used  for  railway  service  must  be  marked  with  the  maximum 
current  which  they  can  safely  carry  for  30  minutes,  starting  cold. 

i.  Terminal  blocks,  when  used  on  motors,  must  be  made  of  ap- 
proved non-combustible,  non-absorptive  insulating  material,  such 
as  slate,  marble  or  porcelain. 

j.  Adjustable-speed  motors,  unless  of  special  and  appropriate 
design,  if  controlled  by  means  of  field  regulation,  must  be  so  arranged 
and  connected  that  they  cannot  be  started  under  weakened  field. 

k.  The  use  of  soft  rubber  bushings  to  protect  the  lead  wires  coming 
through  the  frame  of  motors  is  permitted,  except  when  installed 
where  oils,  grease,  oily  vapors  or  other  substances  known  to  have 
rapid  deleterious  effect  on  rubber  are  present  in  such  quantities  and 
in  such  proximity  to  motors  as  may  cause  such  bushings  to  be  liable 
to  rapid  destruction.  In  such  cases  hardwood  properly  filled,  or 
preferably  porcelain  or  micanite  bushings  must  be  used. 

§ 209.  Railway  power  plants. 

a.  Each  feed  wire  before  it  leaves  the  power  plant  must  be  pro- 
tected by  an  approved  automatic  circuit-breaker  or  other  device, 
which  will  immediately  cut  off  the  current  in  case  of  an  accidental 
ground.  This  device  must  be  mounted  on  a fireproof  base,  and  in 
full  view  and  reach  of  the  attendant. 

§ 210.  Storage  or  primary  batteries. 

a.  When  current  for  light  and  power  is  taken  from  primary  or 
secondary  batteries,  the  same  general  regulations  must  be  observed 
as  apply  to  similar  apparatus  fed  from  generators  developing  the 
same  difference  of  potential. 

b.  Storage  battery  rooms  must  be  thoroughly  ventilated. 

c.  Special  attention  is  directed  to  the  rules  for  wiring  in  rooms 
where  acid  fumes  exist  (see  § 426  i,  j,  of  this  chapter). 

d.  All  secondary  batteries  must  be  mounted  on  non-absorptive, 
non-combustible  insulators,  such  as  glass  or  thoroughly  vitrified  and 
glazed  porcelain. 


ELECTRICAL  CONTROL 


55 


e.  The  use  of  any  metal  liable  to  corrosion  must  be  avoided  in  cell 
connections  of  secondary  batteries. 

§ 211.  Transformers. 

a.  In  central  or  sub-stations  the  transformers  must  be  so  placed 
that  smoke  from  the  burning  out  of  the  coils  or  the  boiling  over  of 
the  oil  (where  oil-filled  cases  are  used)  can  do  no  harm. 

b.  In  central  or  substations  casings  of  all  transformers  must  be 
permanently  and  effectively  grounded. 

Transformers  used  exclusively  to  supply  current  to  switchboard 
instruments  need  not  be  grounded,  provided  they  are  thoroughly 
insulated. 

Article  3, — Outside  Work. 

Section  312.  Wires  on  outside  of  buildings. 

313.  Services. 

314.  Transformers. 

315.  Grounding  low-potential  circuits. 

Section  312.  Wires  on  outside  of  buildings. 

a.  This  article  shall  not  apply  to  conductors  on  highways. 

b.  Wires  must,  for  services  of  No.  6 B.  & S.  gauge  or  smaller, 
consist  of  approved  rubber  covered  multiple  conductor  cable  and 
must  enter  the  building  in  the  manner  prescribed  by  the  second 
paragraph  of  § 312  f of  this  chapter.  If  necessary  to  carry  the 
service  cable  across  the  face  of  the  building  before  entering,  it  may 
be  extended  in  flexible  metal  conduit,  or  a waterproof  conduit  system 
must  be  employed. 

c.  Wires  must  be  at  least  7 feet  above  the  highest  point  of  flat 
roofs,  and  at  least  1 foot  above  the  ridge  of  pitched  roofs  over  which 
they  pass  or  to  which  they  are  attached  and  roof  structures  must  be 
substantially  constructed.  Roof  lines  will  be  permitted  only  under 
special  authorization  in  writing. 

d.  Wires  extended  on  the  exterior  walls  of  buildings  must  have 
a rubber  insulating  covering,  and,  if  not  protected  by  fuses,  must  be 
kept  at  least  1 foot  apart  and  supported  on  petticoat  insulators  of 
glass  or  porcelain  placed  not  more  than  15  feet  apart,  the  distance 
between  supports  to  be  shortened  if  wires  are  liable  to  be  disturbed. 

e.  Wires  must  be  so  spliced  or  joined  as  to  be  both  mechanically 
and  electrically  secure  without  solder.  The  joints  must  then  be 
soldered,  to  insure  preservation,  and  covered  with  an  insulation 
equal  to  that  on  the  conductors. 

All  joints  must  be  soldered  unless  made  with  some  form  of  ap- 
proved splicing  device. 

f . Wires  must  where  they  enter  buildings,  have  drip  loops  outside, 
and  the  holes  through  which  the  conductors  pass  must  be  bushea 
with  non-combustible,  non-absorptive  insulating  tubes,  slanting  up- 
ward toward  the  inside;  or  the  service  wires  may  be  brought  into 
buildings  through  a single  iron  conduit,  in  which  case  the  conduit 
shall  be  equipped  with  an  approved  service-head.  The  inner  end 
must  extend  to  the  service  cut-out,  and  if  a cabinet  is  required  by 
this  article  must  properly  enter  the  cabinet. 

§ 313.  Services. 

a.  Each  building  shall  be  supplied  by  a separate  service. 


50 


CHAPTEK  9 


b.  Where  a row  of  separate  buildings  is  to  receive  its  supply  from 
an  overhead  main  one  service  cable  shall  be  run  from  the  pole"  to  the 
row,  and  from  the  first  attachment  to  the  building  sub-services  or 
a service  main  shall  extend  in  conduit  along  the  face  of  the  row. 
One  service  cable  shall  supply  not  more  than  five  buildings,  except 
under  special  permission  in  writing,  given  in  advance. 

The  same  plan  of  sub-services  may  be  employed  in  connection  with 
underground  services,  under  the  same  restrictions. 

§ 314.  Transformers. 

a.  Transformers  must  not  be  attached  to  any  building  when  the 
potential  exceeds  550  volts,  except  by  special  permission,  and  when 
attached  to  buildings  must  be  separated  therefrom  by  substantial 
supports. 

§ 315.  Grounding  low-potential  circuits. 

a.  Direct-current  three-wire  systems.  Neutral  wire  must  (except 
where  supplied  from  private  industrial  power  or  lighting  plants 
where  the  primary  voltage  does  not  exceed  550  volts)  be  grounded 
and  the  following  rules  must  be  complied  with: 

1.  The  neutral  wire  must  be  permanently  and  effectively  grounded 
at  the  central  station.  The  ground  connection  must  include  all 
available  underground  complete  metallic  piping  systems. 

2.  In  underground  systems  the  neutral  wire  must  also  be  grounded 
at  each  distributing  box  through  the  box. 

3.  In  overhead  systems  the  neutral  wire  must  be  grounded  every 
500  feet,  as  provided  in  paragraphs  c to  g of  this  section. 

b.  Alternating-current  secondary  systems.  Transformer  secondaries 
of  distributing  systems  must  be  grounded,  provided  the  maximum 
difference  of  potential  between  the  grounded  point  and  any  other 
point  in  the  circuit  does  not  exceed  320  volts.  The  following  rules 
must  be  comphed  with: 

1.  The  grounding  must  be  made  at  the  neutral  point  or  wire, 
whenever  a neutral  point  or  wire  is  accessible. 

2.  When  no  neutral  point  or  wire  is  accessible  one  side  of  the 
secondary  circuit  must  be  grounded. 

3.  The  ground  connection  must  be  at  the  transformers  or  on  the 
individual  service  as  provided  in  paragraphs  c to  g of  this  section, 
and  when  transformers  feed  systems  with  a neutral  wire,  the  neutral 
wire  must  also  be  grounded  at  least  every  500  feet. 

c.  Ground  wire,  in  buildings.  When  the  ground  connection  is  in- 
side of  any  building,  or  the  ground  wire  is  inside  of,  or  attached  to 
any  building  (except  central  or  sub-stations)  the  ground  wire  must 
be  of  copper  and  have  an  approved  rubber  insulating  covering, 
National  Electrical  Code  Standard,  for  from  0 to  600  volts. 

d.  Ground  wire,  sizes.  The  ground  wire  in  direct-current  three- 
wire  systems  No.  6 B.  & S.  gauge  elsewhere.  The  ground  wire  in 
alternating  current  systems  must  not  at  central  stations  be  smaller 
than  the  neutral  wire  and  not  smaller  than  or  never  be  less  than  No.  6 
B.  & S.  gauge. 

On  three-phase  systems  the  ground  wire  must  have  a carrying 
capacity  equal  to  that  of  any  one  of  the  three  mains. 

e.  Ground  wire,  installation.  The  ground  wire  must,  except  for 
central  stations  and  transformer  sub-stations,  be  kept  outside  of 


ELECTRICAL  CONTROL 


57 


buildings  as  far  as  practicable,  but  may  be  directly  attached  to  the 
building  or  pole  by  cleats  or  straps  or  on  porcelain  knobs.  Staples 
must  never  be  used.  The  wire  must  be  carried  in  as  nearly  a straight 
line  as  practicable,  avoiding  kinks,  coils  and  sharp  bends,  and  must 
be  protected  when  exposed  to  mechanical  injury. 

f.  Ground  connections^  central  stations.  The  ground  connection  for 
central  stations,  transformer  sub-stations,  and  banks  of  transformers 
must  be  permanent  and  effective  and  must  include  all  available 
underground  piping  systems,  including  the  lead  sheath  of  under- 
ground cables. 

g.  Ground  connections ^ generally.  For  individual  transformers  and 
building  services  the  ground  connection  may  be  made  as  in  para- 
graph f of  this  section,  or  may  be  made  to  water  piping  systems  run- 
ning into  buildings. 

With  overhead  service,  this  connection  may  be  made  by  carrying 
the  ground  wire  into  the  cellar  and  connecting  on  the  street  side  of 
meters,  main  cocks,  etc. 

Where  the  service  enters  the  cellar  or  basement,  this  connection 
may  be  made  by  carrying  the  ground  wire  through  the  cellar  or  base- 
ment and  connecting  as  above. 

Where  the  ground  wire  is  run  through  any  part  of  a building,  un- 
less run  in  approved  conduit,  it  shall  be  protected  by  porcelain 
bushings  through  walls  or  partitions  and  shall  be  run  in  approved 
moulding,  except  that  in  basements  it  may  be  supported  on  porcelain. 

Connections  should  not  be  made  to  piping  systems  whdch  have 
cement  joints,  but  should  only  be  made  to  complete  metallic  pipe 
systems. 


Section  416. 

417. 

418. 

419. 

420. 

421. 

423. 

424. 

425. 

426. 

427. 

428. 

429. 

430. 

431. 

432. 

433. 

434. 

435. 

436. 

437. 

438. 

439. 


Article  4. — Inside  Work. 

Wires,  general. 

Underground  conductors. 

Table  of  allowable  carrying  capacities  of  wires. 
Switches,  cut-outs,  circuit-breakers. 

Limitation  of  potential. 

Arc  lamps. 

Automatic  cut-outs  (fuses  and  circuit-breakers). 
Switches. 

Electric  heaters. 

Wires,  low  potential  systems. 

Armored  cables. 

Interior  conduits. 

Metal  mouldings. 

Fixtures. 

Sockets. 

Flexible  cord. 

Arc  lamps  on  constant-potential  circuits. 

Vapor  lamps. 

Economy  coils. 

Transformers,  low  potential. 

Decorative  lighting  systems. 

Theatre  and  moving  picture  establishment  wiring. 
Outline  lighting. 


58 


CHAPTER  9 


439a.  Garages. 

442.  Lighting  and  power  from  railway  wires. 

443.  Electric  cranes. 

444.  Wires,  high  potential  systems. 

445.  Transformers,  high  potential. 

447.  Primary  wires. 

448.  Secondary  wires. 

Section  416.  Wires,  general. 

a.  Wires  must  not  be  of  smaller  size  than  No.  14  B.  & S.  gauge, 
except  as  allowed  for  fixture  work  and  pendant  cord. 

b.  Conductors  of  size  No.  8 B.  & S.  gauge  or  over  used  in  connection 
with  solid  knobs  must  be  securely  tied  thereto.  If  wires  are  used  for 
tying  they  must  have  an  insulation  of  the  same  type  as  the  con- 
ductors they  confine.  Solid  knobs  or  strain  insulators  must  be  used 
for  all  wires  at  the  end  of  runs  where  conductors  are  terminated. 
Split  knobs  or  cleats  must  be  used  for  the  support  of  conductors 
smaller  than  No.  8 B.  & S.  gauge,  except  at  the  end  of  runs. 

Knobs  or  cleats  which  are  arranged  to  grip  the  wire  must  be 
fastened  by  either  screws  or  nails.  If  nails  are  used,  they  must  be 
long  enough  to  penetrate  the  woodwork  not  less  than  3^  the  length 
of  the  knob  and  fully  the  thickness  of  the  cleat,  and  must  be  pro- 
vided with  washers  which  will  prevent,  imder  reasonable  usage, 
injury  to  the  knobs  or  cleats. 

c.  Wires  must  be  so  spliced  or  joined  as  to  be  both  mechanically 
and  electrically  secure  without  solder.  The  joints  must  then  be 
soldered  unless  made  with  some  form  of  approved  splicing  device, 
and  covered  with  an  insulation  equal  to  that  on  the  conductors. 

Stranded  wires  (except  in  flexible  cords)  must  be  soldered  before 
being  fastened  under  clamps  or  binding  screws,  and  whether  stranded 
or  solid,  when  they  have  a conductivity  greater  than  that  of  No.  8 
B.  & S.  gauge  they  must  be  soldered  into  lugs  for  all  terminal  con- 
nections, except  where  an  approved  solderless  terminal  connector 
is  used. 

d.  Wires  must  be  separated  from  contact  with  walls,  floors,  tim- 
bers or  partitions  through  which  they  may  pass  by  non-combustible, 
non-absorptive  insulating  tubes,  such  as  glass  or  porcelain,  except 
at  outlets  where  approved  flexible  tubing  is  required. 

Bushings  must  be  long  enough  to  bush  the  entire  length  of  the 
hole  in  one  continuous  piece,  or  else  the  hole  must  first  be  bushed 
by  a continuous  waterproof  tube.  This  tube  may  be  a conductor, 
such  as  iron  pipe,  but  in  that  case  an  insulating  bushing  must  be 
pushed  into  each  end  of  it,  extending  far  enough  to  keep  the  wire 
absolutely  out  of  contact  with  the  pipe. 

e.  Where  not  enclosed  in  approved  conduit,  moulding  or  armored 
cable,  and  where  liable  to  come  in  contact  with  gas,  water  or  other 
metallic  piping  or  other  conducting  material,  wires  must  be  separated 
therefrom  by  some  continuous  and  firmly  fixed  non-conductor  creat- 
ing a permanent  separation.  Must  not  come  nearer  than  2 inches 
to  any  other  electric  lighting,  power  or  signaling  wire,  not  enclosed 
as  above,  without  being  permanently  separated  therefrom  by  some 
continuous  and  firmly  fixed  non-conductor.  The  non-conductor 
used  as  a separator  must  be  in  addition  to  the  regular  insulation  on 


ELECTRICAL  CONTROL 


59 


the  wires.  Where  tubes  are  used  they  must  be  securely  fastened 
at  the  ends  to  prevent  them  from  moving  along  the  wire. 

Deviations  from  this  rule  may,  when  necessary,  be  allowed  by 
special  permission. 

f.  Wires  must  be  so  placed  in  wet  places  that  an  air  space  will  be 
left  between  conductors  and  pipes  in  crossing,  and  the  former  must 
be  run  in  such  a way  that  they  cannot  come  in  contact  with  the  pipe 
accidentally.  Wires  should  be  run  over,  rather  than  under,  pipes 
upon  which  moisture  is  likely  to  gather  or  which,  by  leaking,  might 
cause  trouble  on  a circuit. 

g.  The  installation  of  electrical  conductors  in  wooden  moulding, 
or  on  insulators,  in  elevator  shafts  will  not  be  approved,  but  con- 
ductors may  be  installed  in  such  shafts  if  encased  in  approved  metal 
conduits  or  armored  cables. 

§ 417.  Underground  conductors. 

a.  Underground  conductors  must  be  protected  against  moisture 
and  mechanical  injury  where  brought  into  a building,  and  all  com- 
bustible material  must  be  kept  from  the  immediate  vicinity. 

b.  Underground  conductors  must  not  be  so  arranged  as  to  shunt 
the  current  through  a building  around  any  catch-box. 

c.  Where  underground  service  enters  building  through  tubes,  the 
tubes  shall  be  tightly  closed  at  outlets  with  asphaltum  or  other  non- 
conductor, to  prevent  gases  from  entering  the  building  through  such 
channels. 

d.  No  underground  service  from  a subway  to  a building  and  no 
service  from  a private  generating  plant  shall  supply  more  than  one 
building,  except  by  special  permission.  Where  one  or  more  buildings 
are  supplied  from  another,  the  conductors  are  to  be  carried  outside 
the  buildings.  Conductors  carried  under  2 inches  of  concrete  under 
a building  or  buried  back  of  2 inches  of  concrete  or  brick  within  a 
wall  are  considered  as  lying  outside  the  building. 

§ 218.  Table  of  allowable  carrying  capacities  of  wires. 

a.  The  following  table,  showing  the  allowable  carrying  capacities 
of  copper  wires  and  cables  of  98  per  cent,  conductivity,  according 
to  the  standard  adopted  by  the  American  Institute  of  Electrical 
Engineers,  must  be  followed  in  placing  interior  conductors. 

For  insulated  aluminum  wire  the  safe  carrying  capacity  is  84  per 
cent,  of  that  given  in  the  following  table  for  copper  wire  with  the 
same  kind  of  insulation. 


50 


CHAPTER  9 


Table  A.  Table  B. 
Rubber  Other 
Insulation.  Insulations. 

B.  & S.  G.  Amperes.  Amperes.  Circ.  Mils. 


18 3 5 1,624 

16 6 10  2,583 

14 15  20  4,107 

12 20  25  6,530 

10 25  30  10,380 

8 35  50  16.510 

6 50  70  26;250 

5 55  80  33,100 

4 70  90  41,740 

3 80  100  52,630 

2 90  125  66,370 

1 100  150  83,690 

0 125  200  105,500 

00 150  225  133,100 

000 175  275  167,800 

0000 225  325  211,600 

Circular  Mils. 

200.000  200  300 

300.000  275  400 

400.000  325  500 

500.000  400  600 

600.000  450  680 

700.000  500  760 

800.000  550  840 

900.000  600  920 

1.000. 000 650  1,000 

1.100.000  690  1,080 

1.200.000  730  1,150 

1.300.000  770  1,220 

1.400.000  810  1,290 

1.500.000  850  1,360 

1.600.000  890  1,430 

1.700.000  930  1,490 

1.800.000  970  1,550 

1.900.000  1,010  1,610 

2.000. 000 1,050  1,670 


§ 419.  Switches,  cut-outs,  circuit  breakers,  etc. 
a.  On  constant-potential  circuits,  all  service  switches  and  all 
switches  controlling  circuits  supplying  current  to  motors  or  heating- 
devices,  and  all  fuses,  unless  otherwise  provided  (for  exceptions  as 
to  switches  see  §§  208c,  425a  and  443c  of  this  chapter;  for  exceptions 
as  to  cut-outs  see  § 423,  a b of  this  chapter)  must  be  so  arranged 
that  the  fuses  will  protect  and  the  opening  of  the  switch  will  dis- 
connect all  of  the  wires;  that  is,  in  the  two- wire  system  the  two  wires, 
and  the  three-wire  system  the  three  wires,  must  be  protected  by  the 
fuses  and  disconnected  by  the  operation  of  the  switch. 


ELECTRICAL  CONTROL 


61 


When  installed  without  other  automatic  overload  protective  de- 
vices automatic  overload  circuit  breakers  must  have  the  poles  and 
trip  coils  so  arranged  as  to  afford  complete  protection  against  over- 
loads and  short  circuits,  and  if  also  used  in  place  of  the  switch  must 
be  so  arranged  that  no  pole  can  be  opened  manually  without  dis- 
connecting all  the  wires. 

This,  of  course,  does  not  apply  to  the  grounded  circuit  of  street 
railway  systems. 

b.  Switches,  cut-outs,  circuit-breakers,  etc.,  must  not  be  placed 
where  exposed  to  mechanical  injury  nor  in  the  immediate  vicinity 
of  easily  ignitable  stuff  or  where  exposed  to  inflammable  gases  or 
dust  or  to  flyings  of  combustible  material. 

Where  the  occupancy  of  a building  is  such  that  switches,  cut-outs, 
etc.,  cannot  be  located  so  as  not  to  be  exposed  as  above  they  must 
be  enclosed  in  approved  dust-proof  cabinets  with  self-closing  doors, 
except  oil  switches  and  circuit  breakers  which  have  dust-tight  cas- 
ings. 

c.  Switches,  cut-outs,  circuit-breakers,  etc.,  must,  when  exposed 
to  dampness,  either  be  enclosed  in  a moisture-proof  box  or  mounted 
on  porcelain  knobs.  The  cover  of  the  box  must  be  so  made  that  no 
moisture  which  may  collect  on  the  top  or  sides  of  the  box  can  enter  it. 

d.  Time  switches,  sign  flashers  and  similar  appliances  must  be 
of  approved  design  and  enclosed  in  approved  cabinets. 

§ 420.  Limitation  of  potential. 

The  installation  in  any  building,  except  a central  station,  or  a sub- 
station, or  a transformer  vault,  of  electric  light  or  power  wiring  or 
appliances  operating  at  a potential  in  excess  of  750  volts  is  prohibited. 

§ 421.  Arc  lamps. 

Arc  lamps  must  be  provided  at  all  times  with  glass  globes  sur- 
rounding the  arc  and  securely  fastened  in  place.  Broken  or  cracked 
globes  must  not  be  used.  Globes  must  be  provided  with  wire  netting 
having  a mesh  not  exceeding  1 inches.  The  netting  may  be  omitted 
where  tight  inner  globes  are  employed. 

§ 423.  Automatic  cut-outs  (fuses  and  circuit-breakers). 

a.  Automatic  cut-outs  must  be  placed  on  all  service  wires,  either 
overhead  or  underground,  in  the  nearest  accessible  place  to  the  point 
where  they  enter  the  building  and  inside  the  walls,  and  arranged  to 
cut  off  the  entire  current  from  the  building.  Departure  from  this 
rule  may  be  authorized  only  under  special  permission  in  writing. 

Where  the  switch  required  by  § 424a  of  this  chapter  is  inside  the 
building,  the  cut-out  required  by  this  section  must  be  placed  so  as  to 
protect  it. 

For  three-wire  (not  three-phase)  systems  the  fuse  in  the  neutral 
wire  may  be  omitted,  provided  the  neutral  wire  is  of  equal  carrying 
capacity  to  the  larger  of  the  outside  wires,  and  is  grounded  as  pro- 
vided for  in  § 315  of  this  chapter. 

In  risks  having  private  plants,  the  yard  wires  running  from  building 
to  building  are  not  considered  as  service  wires,  so  that  cut-outs 
would  not  be  required  where  the  wires  enter  buildings,  provided  that 
the  next  fuse  back  is  small  enough  to  properly  protect  the  wires 
inside  the  building  in  question. 

b.  Automatic  cut-outs  must  be  placed  at  every  point  where  a 


(32 


CHAPTER  9 


change  is  made  in  the  size  of  wire,  unless  the  cut-out  in  the  larger 
wire  will  protect  the  smaller  (see  § 418  of  this  chapter). 

For  three-wire  direct  current  or  single  phase  systems  the  fuse  in 
the  neutral  wire,  except  that  called  for  under  paragraph  d of  this 
section,  may  be  omitted,  provided  the  neutral  wire  is  grounded  as 
provided  for  in  § 315  of  this  chapter. 

c.  Automatic  cut-outs  must  be  in  plain  sight  or  enclosed  in  an 
approved  cabinet,  and  readily  accessible.  They  must  not  be  placed 
in  the  canopies  or  shells  of  fixtures. 

Link  fuses  may  be  used  only  when  mounted  on  approved  slate  or 
marble  bases  and  must  be  enclosed  in  dust-tight,  fire-proofed 
cabinets,  except  on  switchboards. 

d.  Automatic  cut-outs  must  be  so  placed  that  no  set  of  small 
motors,  small  heating  devices  or  incandescent  lamps,  whether 
grouped  on  one  fixture  or  on  several  fixtures  or  pendants  (nor  more 
than  16  sockets  or  receptacles)  requiring  more  than  660  watts  will 
be  dependent  upon  one  cut-out. 

By  special  permission,  in  cases  where  wiring  equal  in  size  ami  in- 
sulation to  No.  14  B.  & S.  gauge  approved  rubber-coated  wire  is 
carried  direct  into  keyless  sockets  or  receptacles,  and  where  the 
location  of  sockets  and  receptacles  is  such  as  to  render  unlikely  the 
attachment  of  flexible  cords  thereto,  the  circuits  may  be  so  arranged 
that  not  more  than  1,320  watts  (or  32  sockets  or  receptacles)  will 
be  dependent  upon  the  final  cut-out. 

Except  for  signs  and  outline  lighting,  sockets  and  receptacles  will 
be  considered  as  requiring  not  less  than  40  watts  each. 

All  branches  of  taps  from  any  three-wire  system  which  are  directly 
connected  to  lamp  sockets  or  other  translating  devices,  must  be 
run  as  two-wire  circuits  if  the  fuses  are  omitted  in  the  neutral,  or 
if  the  difference  of  potential  between  the  two  outside  wires  is  over 
250  volts,  and  both  wires  of  such  branch  or  tap  circuits  must  be 
protected  by  proper  fuses. 

The  above  shall  also  apply  to  motors,  except  that  small  motors 
may  be  grouped  under  the  protection  of  a single  set  of  fuses,  pro- 
vided the  rated  capacity  of  the  fuses  does  not  exceed  10  amperes. 

When  1,320  watts  are  dependent  upon  one  fusible  cut-out,  as  is 
allowed  in  theatre  wiring,  outline  lighting  and  large  chandeliers,  the 
fuses  may  be  in  accordance  with  the  following  tables — 

125  volts  or  less 20  amperes 

125  to  250  volts 10  amperes 

e.  The  rated  capacity  of  fuses  must  not  exceed  the  allowable 
carrying  capacity  of  the  wires  as  given  in  § 418  of  this  chapter. 
Circuit-breakers  must  not  be  set  more  than  30  per  cent,  above  allow- 
able carrying  capacity  of  the  wire,  unless  a fusible  cut-out  is  also 
installed  on  the  circuit.  Where  rubber  covered  wire  is  used  for  the 
leads  or  branches  of  A.  C.  motors  of  the  types  requiring  large  start- 
ing currents,  the  wire  may  be  protected  in  accordance  with  Table  B 
of  § 418  of  this  chapter,  except  when  circuit  breakers  are  installed 
which  are  equipped  with  time  element  devices. 

Fixture  wires  or  flexible  cord  of  No.  18  B.&S.  gauge  will  be  con- 
sidered as  properly  protected  by  10  ampere  fuses. 

f.  Each  wire  of  motor  circuits  except  on  main  switchboard  or 


ELECTRICAL  CONTROL 


03 


when  otherwise  subject  to  competent  supervision,  must  be  pro- 
tected by  an  approved  fuse  whether  automatic  overload  circuit 
breakers  are  installed  or  not.  Single-phase  motors  may  have  one 
side  protected  by  an  approved  automatic  overload  circuit-breaker 
only,  if  the  other  side  is  protected  by  an  approved  fuse. 

For  circuits  having  a maximum  capacity  greater  than  that  for 
which  enclosed  fuses  are  approved  circuit-breakers  if  used  without 
fuses  will  be  approved. 

§ 424.  Switches. 

a.  Switches  must  be  placed  on  all  service  wires,  either  overhead 
or  underground,  in  the  nearest  readily  accessible  place  to  the  point 
where  the  wires  enter  the  building,  and  arranged  to  cut  off  the  entire 
current.  Departure  from  this  rule  may  be  authorized  only  under 
special  permission  in  writing. 

Service  cut-out  and  switch  must  be  arranged  to  cut  off  current 
from  all  devices  including  meters. 

In  risks  having  private  plans  the  yard  wires  running  from  building 
to  building  are  not  considered  as  service  wires,  so  that  switches 
would  not  be  required  in  each  building  if  there  are  other  switches 
conveniently  located  on  the  mains  or  if  the  generators  are  near  at 
hand. 

b.  Must  always  be  placed  in  dry,  accessible  places,  and  be  grouped 
as  far  as  possible  (see  § 419c  of  this  chapter).  Single-throw  knife 
switches  must  be  so  placed  that  gravity  will  not  tend  to  close  them. 
Double-throw  knife  switches  may  be  mounted  so  that  the  throw  will 
be  either  vertical  or  horizontal  as  preferred,  but  if  the  throw  be 
vertical  a locking  device  must  be  provided,  so  constructed  as  to 
insure  the  blades  remaining  in  the  open  position  when  so  set. 

When  practicable  switches  must  be  so  wired  that  blades  will  be 
“dead’^  when  switch  is  open. 

When  switches  are  used  in  rooms  where  combustible  flyings  would 
be  hkely  to  accumulate  around  them,  they  must  be  enclosed  in  dust- 
tight  cabinets. 

c.  Single-pole  switches  must  never  be  used  as  service  switches, 
nor  for  the  control  of  outdoor  signs  or  circuits  located  in  damp  places, 
nor  placed  in  the  neutral  wire  of  a three- wire  system,  except  in  the 
two- wire  branch  or  tap  circuit  supptying  not  more  than  660  watts. 

This,  of  course,  does  not  apply  to  the  grounded  circuits  of  street 
railway  systems. 

Three-way  switches  are  considered  as  single  pole  switches. 

d.  Where  flush  switches  or  receptacles  are  used,  whether  with 
conduit  systems  or  not,  they  must  be  enclosed  in  an  approved  box 
constructed  of  iron  or  steel,  in  addition  to  the  porcelain  enclosure 
of  the  switch  or  receptable.  Where  in  floor  outlets  attachment  plugs 
are  liable  to  mechanical  injury,  or  the  presence  of  moisture  is  prob- 
able, floor  outlet  boxes  especially  designed  for  this  purpose  must 
be  used. 

e.  Where  possible,  at  all  switch  or  fixture  outlets,  unless  outlet 
boxes  which  will  give  proper  support  for  fixtures  are  used,  a Vs  inch 
block  must  be  fastened  between  studs  or  floor  timbers  flush  with  the 
back  of  lathing  to  hold  tubing,  and  to  support  switches  or  fixtures. 
When  this  cannot  be  done,  wooden  base  blocks,  not  less  than  ^4 


64 


CHAPTER  9 


inch  in  thickness,  securely  screwed  to  lathing,  must  be  provided  for 
switches,  and  also  for  fixtures  which  are  not  attached  to  gas  pipes 
or  conduit. 

f.  Sub-bases  of  non-combustible,  non-absorptive,  insulating  ma- 
terial, which  will  separate  the  wires  at  least  3^  inch  from  the  surface 
wired  over,  must  be  installed  under  all  snap  switches  used  in  exposed 
knob  and  cleat  work.  Sub-bases  must  also  be  used  in  moulding  work 
unless  the  switch  is  approved  for  mounting  directly  on  the  moulding. 

§ 425.  Electric  heaters. 

a.  Each  heater  of  more  than  6 amperes  or  660  watts  capacity 

must  be  protected  by  a cut-out,  and  controlled  by  a switch  or  plug 
connector  plainly  indicating  whether  ‘^on^^  or  and  located 

within  sight  of  the  heater.  Heaters  of  6 amperes  or  660  watts  ca- 
pacity, or  less,  may  be  grouped  under  the  protection  of  a single 
set  of  fuses,  provided  the  rated  capacity  of  the  fuses  does  not  exceed 
10  amperes,  or  may  be  connected  individually  to  lighting  circuits. 

b.  Flexible  conductors  for  smoothing  irons  and  sad  irons,  and  for 
all  devices  requiring  over  250  watts,  must  have  an  approved  insula- 
tion and  covering  complying  with  the  requirements  of  § 554d  of 
this  chapter. 

c.  With  portable  heating  devices,  approved  plug  connectors  must 
be  used,  so  arranged  that  the  plug  may  be  pulled  out  to  open  the 
circuit  without  leaving  any  live  parts  so  exposed  as  to  render  likely 
accidental  contact  therewith.  The  connector  may  be  located  at 
either  end  of  the  flexible  conductor  or  inserted  in  the  conductor  itself. 

d.  Smoothing  irons,  sad  irons  and  other  heating  devices  that  are 
intended  to  be  applied  to  combustible  articles,  must  be  provided 
with  approved  stands. 

e.  Stationary  heaters,  such  as  radiators,  ranges,  plate  warmers, 
etc.,  must  be  so  located  as  to  furnish  ample  protection  between  the 
device  and  surrounding  combustible  material. 

f.  Electric  heaters  must  each  be  provided  with  a name-plate 
giving  the  maker^s  name  and  the  normal  capacity  in  volts  and  am- 
peres. 

§ 426.  Wires,  low  potential  systems. 

1.  General  R^des. 

a.  Wires  where  entering  cabinets  must  be  protected  by  approved 
bushings,  which  fit  tightly  the  holes  in  the  box  and  are  well  secured 
in  place.  The  wires  should  completely  fill  the  holes  in  the  bushings 
so  as  to  keep  out  the  dust,  tape  being  used  to  build  up  the  wires  if 
necessary. 

b.  Wires  must  not  be  laid  in  plaster,  cement  or  similar  finish,  and 
must  never  be  fastened  with  staples. 

c.  Wires  must  not  be  fished  for  any  great  distance,  and  only  in 
places  where  the  inspector  can  satisfy  himself  that  the  rules  have 
been  complied  with. 

d.  Twin  wires  must  never  be  used,  except  in  conduits,  or  where 
flexible  conductors  are  necessary. 

e.  Wires  must,  where  exposed  to  mechanical  injury,  be  suitably 
protected.  When  crossing  floor  timbers  in  cellars,  or  in  rooms  where 
they  might  be  exposed  to  injury,  wires  must  be  attached  by  their 
insulating  supports  to  the  under  side  of  a wooden  strip,  not  less 


ELECTRICAL  CONTROL 


()5 


than  \'2  inch  in  thickness,  and  not  less  than  3 inches  in  width.  In- 
stead of  the  running-boards,  guard  strips  on  each  side  of  and  close 
to  the  wires  will  be  accepted,  these  strips  to  be  not  less  than  inch 
in  thickness,  and  at  least  as  high  as  the  insulators. 

Protection  on  side  walls  must  extend  not  less  than  5 feet  from  the 
floor  and  must  consist  of  substantial  boxing,  retaining  an  air  space 
of  1 inch  around  the  conductors,  closed  at  the  top  (the  wires  passing 
through  bushel  holes)  or  approved  metal  conduit  or  pipe  of  equiva- 
lent strength. 

When  metal  conduit  or  pipe  is  used,  the  insulation  of  each  wire 
must  be  reinforced  by  approved  flexible  tubing  extending  from  the 
insulator  next  below  the  pipe  to  the  one  next  above  it,  unless  the 
conduit  is  installed  according  to  § 428,  paragraphs  c and  f thereof 
excepted,  and  the  wire  is  approved  for  conduit  use.  The  two  or 
more  wires  of  a circuit  each  with  its  flexible  tubing  (when  required), 
if  carrying  alternating  current  must,  or  if  direct  current  may,  be 
placed  within  the  same  pipe. 

f.  When  run  in  unfinished  attics,  wires  will  be  considered  as  con- 
cealed, and  when  run  in  close  proximity  to  water  tanks  or  pipes,  they 
will  be  considered  as  exposed  to  moisture. 

In  unfinished  attics  wires  are  considered  as  exposed  to  mechanical 
injury,  and  must  not  be  run  on  knobs  or  upper  edge  of  joists. 

2.  Open  ivork  in  dry  places. 

g.  Wires  must  have  an  approved  rubber  (type  letter  R.  S.),  slow- 
burning,  weatherproof  (type  letter  S.  B.  W.),  or  slow-burning  insula- 
tion (type  letter  S.  B.).  Slowburning  insulation  may  be  used  only 
in  permanently  dry  locations  and  under  special  permission  in  writing, 
given  in  advance. 

h.  Wires  must  be  rigidly  supported  on  non-combustible,  non- 
absorptive  insulators,  which  will  separate  the  wires  from  each  other 
and  from  the  surface  wired  over  in  accordance  with  the  following 
table: 

Voltage — 0 to  300;  distance  from  surface,  3^  inch;  distance  be- 
tween wires,  23^  inches. 

Voltage — 301  to  550;  distance  from  surface,  1 inch;  distance  be- 
tween wires,  4 inches. 

Rigid  supporting  requires  under  ordinary  conditions,  where 
wiring  along  flat  surfaces,  supports  at  least  every  4 feet.  If  the 
wires  are  liable  to  be  disturbed,  the  distance  between  supports  must 
be  shortened.  In  buildings  of  mill  construction,  mains  of  not  less 
than  No.  8 B.  & S.  gauge,  where  not  liable  to  be  disturbed,  may  be 
separated  about  6 inches,  and  run  from  timber  to  timber,  not  break- 
ing around,  and  may  be  supported  at  each  timber  only. 

W'ires  must  not  be  ^‘dead-ended”  at  a rosette,  socket  or  receptacle 
unless  the  last  support  is  within  12  inches  of  the  same. 

3.  Open  work  in  damp  places,  or  buildings  specially  subject  to  mois- 
ture or  to  acid  or  other  fumes. 

i.  Wires  must  have  an  approved  insulating  covering. 

For  protection  against  water,  rubber  insulation  must  be  used. 
For  protection  against  corrosive  vapors,  either  weatherproof  or 
rubber  insulation  must  be  used. 

j.  Wires  must  be  rigidly  supported  on  non-combustible,  non- 


66 


CHAPTER  9 


absorptive  insulators,  which  separate  the  wire  at  least  1 inch  from 
the  surface  wired  over,  and  must  be  kept  apart  at  least  2^  inches 
for  voltages  up  to  300,  and  4 inches  for  higher  voltages. 

Rigid  supporting  requires  under  ordinary  conditions,  where  wiring 
over  flat  surfaces,  supports  at  least  every  4}^  feet.  If  the  wires  are 
liable  to  be  disturbed,  the  distance  between  supports  must  be  short- 
ened. In  buildings  of  mill  construction,  mains  of  not  less  than  No.  8 
B.  & S.  gauge,  where  not  liable  to  be  disturbed,  may  be  separated 
about  6 inches,  and  run  from  timber  to  timber,  not  breaking  around, 
and  may  be  supported  at  each  timber  only. 

4.  Melal  moulding  work. 

k.  Wires  must  have  an  approved  rubber  insulating  covering  (Type 
Letter  R.  S.),  and  must  be  in  continuous  lengths  from  outlet  to  out- 
let, or  from  fitting  to  fitting,  no  joints  or  taps  to  be  made  in  mould- 
ing. Where  branch  taps  are  necessary  in  moulding  work  approved 
fittings  for  this  purpose  must  be  used. 

l.  Wires  must  never  be  placed  in  moulding  in  damp  locations; 
must  never  be  placed  in  moulding  in  conceal^  locations  or  where 
the  difference  of  potential  between  any  two  wires  in  the  same  system 
is  over  300  volts.  When  the  electrical  construction  is  being  carried 
out  in  moulding,  permission  will  be  given  to  extend  these  mouldings 
through  walls  and  partitions,  if  the  moulding  and  capping  are  in 
continuous  lengths  where  passing  through  the  walls  and  partitions. 
Mouldings  must  not  be  used  for  circuits  requiring  more  than  1,320 
watts  of  energy. 

m.  Wires  must  for  alternating  current  systems  if  in  metal  moulding 
have  the  two  or  more  wires  of  a circuit  installed  in  the  same  moulding. 

5.  Conduit  work. 

n.  Wires  must  have  an  approved  rubber  insulating  covering  (Type 
Letter  R.  D.) ; and  must  within  the  conduit  tubing  be  without  splices 
or  taps,  and  must  be  provided  with  a lead  covering  if  the  conduit  is 
installed  in  a damp  place  and  is  not  watertight. 

o.  Wires  must  not  be  drawn  in  until  all  mechanical  work  on  the 
building  has  been,  as  far  as  possible,  completed. 

Conductors  in  vertical  conduit  risers  must  be  supported  within 
the  conduit  system  in  accordance  with  the  following  table: 

No.  14  to  0 every  100  feet. 

No.  00  to  0000  every  80  feet. 

0000  to  350,000  C.  M.  every  60  feet. 

350.000  C.  M.  to  500,000  C.  M.  every  50  feet. 

500.000  C.  M.  to  750,000  C.  M.  every  40  feet. 

750.000  C.  M.  every  35  feet. 

The  following  methods  of  supporting  cables  are  recommended: 

1.  A turn  of  90  degrees  in  the  conduit  system  will  constitute  a 
satisfactory  support. 

2.  Junction  boxes  may  be  inserted  in  the  conduit  system  at  the 
required  intervals,  in  which  insulating  supports  of  approved  type 
must  be  installed  and  secured  in  a satisfactory  manner  so  as  to 
withstand  the  weight  of  the  conductors  attached  thereto,  the  boxes 
to  be  provided  with  proper  covers. 

3.  Cables  may  be  supported  in  approved  junction  boxes  on  two 
or  more  insulating  supports  so  placed  that  the  conductors  will  be 


ELECTRICAL  CONTROL 


07 


deflected  at  an  angle  of  not  less  than  90  degrees,  and  carried  a dis- 
tance of  not  less  than  twice  the  diameter  of  the  cable  from  its  vertical 
position.  Cables  so  suspended  may  be  additionally  secured  to  these 
insulators  by  tie  wires. 

Other  methods  may  be  used,  if  specially  approved. 

p.  Wires  must,  for  alternating  systems,  have  the  two  or  more 
wires  of  a circuit  drawm  in  the  same  conduit. 

Except  in  the  case  of  stage  pocket  and  border  circuits  the  same 
conduit  must  not  contain  more  than  four  two- wire,  or  three  three- 
wire  circuits  of  the  same  system,  except  by  special  permission,  and 
must  never  contain  circuits  of  different  systems. 

6.  Concealed  ^‘knob  and,  tube’^  work. 

q.  The  installation  of  concealed  knob  and  tube  work  is  prohibited. 

7.  Fixture  work. 

V.  W^ires  must  not  be  smaller  than  No.  18  B.  & S.  gauge  and  must 
have  an  approved  rubber  insulating  covering  (see  § 555  of  this 
chapter). 

In  writing  certain  designs  of  show-case  fixtures,  ceiling  bulls-eyes 
and  similar  appliances  in  which  the  writing  is  exposed  to  tempera- 
tures in  excess  of  120  degrees  Fahrenheit  (49  degrees  Centigrade), 
from  the  heat  of  the  lamps,  approved  slow-burning  wdre  may  be 
used.  All  such  forms  of  fixtures  must  be  submitted  for  examination, 
test  and  approval  before  being  introduced  for  use. 

w.  Supply  conductors,  and  especially  the  splices  to  fixture  wires, 
must  be  kept  clear  of  the  grounded  part  of  gas  pipes,  and,  where 
shell  or  outlet  boxes  are  used,  they  must  be  made  sufficiently  large 
to  allow  the  fulfillment  of  this  requirement. 

X.  Must,  when  fixtures  are  wired  outside,  be  so  secured  as  not  to 
be  cut  or  abraded  by  the  pressure  of  the  fastenings  or  motion  of 
the  fixture. 

y.  W'ires  of  different  systems  must  never  be  contained  in  or  at- 
tached to  the  same  fixture  and  under  no  circumstances  must  there 
be  a difference  of  potential  of  more  than  300  volts  between  wires 
contained  in  or  attached  to  the  same  fixture. 

§ 427.  Armored  cables. 

a.  Armored  cables  must  be  continuous  from  outlet  to  outlet  or 
to  junction  boxes,  and  the  armor  of  the  cable  must  properly  enter 
and  be  secured  to  all  fittings,  and  the  entire  system  must  be  mechanic- 
ally secured  in  position. 

In  case  of  service  connections  and  main  runs,  this  involves  running 
such  armored  cables  continuously  into  a main  cut-out  cabinet  or 
gutter  surrounding  the  panel  board,  as  the  case  may  be. 

b.  Armored  cables  must  be  equipped  at  every  outlet  with  an  ap- 
proved outlet  box  or  plate,  as  required  in  conduit  work. 

Outlet  plates  must  not  be  used  where  it  is  practicable  to  install 
outlet  boxes. 

For  concealed  work  in  walls  and  ceilings  composed  of  plaster  on 
wooden  joist  or  stud  construction,  outlet  boxes  or  plates  and  also 
cut-out  cabinets  must  be  so  installed  that  the  front  edge  will  not 
be  more  than  34  inch  back  of  the  finished  surface  of  the  plaster,  and 
if  this  surface  is  broken  or  incomplete  it  shall  be  repaired  so  that 
it  will  not  show  any  gaps  or  open  spaces  around  the  edges  of  the 


68 


CHAPTER  9 


outlet  box  or  plate  or  of  the  cut-out  cabinet.  On  wooden  walls  or 
ceilings,  outlet  boxes  or  plates  and  cut-out  cabinets  must  be  so  in- 
stalled that  the  front  edge  will  either  be  flush  with  the  finisher  sur- 
face or  project  therefrom.  This  will  not  apply  to  concealed  work 
in  walls  or  ceilings  composed  of  concrete,  tile  or  other  non-combus- 
tible material. 

In  buildings  already  constructed  where  the  conditions  are  such 
that  neither  outlet  box  nor  plate  can  be  installed,  these  appliances 
may  be  omitted  by  special  permission,  provided  the  armored  cable 
is  firmly  and  rigidly  secured  in  place. 

c.  Armored  cables  must  have  the  metal  armor  of  cables  perma- 
nently and  effectually  grounded  to  water  piping,  gas  piping  or  other 
suitable  grounds,  provided  that  when  connections  are  made  to  gas 
piping  they  must  be  on  the  street  side  of  the  meter.  If  the  armored 
cable  system  consists  of  several  separate  sections,  the  sections  must 
be  bonded  to  each  other,  and  the  system  grounded,  or  each  section 
may  be  separately  grounded,  as  required  above. 

The  armor  of  cables  and  gas  pipes  must  be  securely  fastened  in 
outlet  boxes,  junction  boxes  and  cabinets,  so  as  to  secure  good  elec- 
trical connection. 

If  armor  of  cables  and  metal  of  couplings,  outlet  boxes,  junction 
boxes,  cabinets  or  fittings,  having  protective  coating  of  non-conduct- 
ing material,  such  as  enamel,  are  used,  such  coating  must  be  thor- 
oughly removed  from  threads  of  both  couplings  and  the  armor  of 
cables,  and  from  surfaces  of  the  boxes,  cabinets  and  fittings  where 
the  armor  of  cables  or  ground  clamp  is  secured  in  order  to  obtain  the 
requisite  good  connection.  Ground  pipes  must  be  cleaned  of  rust, 
scale,  etc.,  at  place  of  attachment  of  ground  clamp. 

Connections  to  grounded  pipes  and  to  armor  of  cables  must  be 
exposed  to  view  or  readily  accessible,  and  must  be  made  by  means 
of  approved  ground  clamps,  to  which  the  ground  wires  must  be 
soldered. 

Ground  wires  must  be  of  copper,  at  least  No.  10  B.  & S.  gauge  (where 
largest  wire  contained  in  cable  is  not  greater  than  No.  0 B.  & S. 
gauge),  and  need  not  be  greater  than  No.  4 B.  & S.  gauge  (where 
largest  wire  contained  in  cable  is  greater  than  No.  0 B.  & S.  gauge). 
They  shall  be  protected  from  mechanical  injury. 

d.  When  installed  in  so-called  fireproof  buildings  in  course  of 
construction  or  afterwards  if  exposed  to  moisture,  or  where  it  is 
exposed  to  the  weather,  or  in  damp  places  such  as  breweries,  stables, 
etc.,  the  cable  must  have  a lead  covering  placed  between  the  outer 
braid  of  the  conductors  and  the  steel  armor. 

The  lead  covering  is  not  to  be  required  when  the  cable  is  run 
against  brick  walls  or  laid  in  ordinary  plaster  walls  unless  same  are 
continuously  danip. 

e.  When  entering  junction  boxes,  and  at  all  other  outlets,  etc., 
armored  cables  must  be  provided  with  approved  terminal  fittings 
which  will  protect  the  insulation  of  the  conductors  from  abrasion, 
unless  such  junction  or  outlet  boxes  are  specially  designed  and  ap- 
proved for  use  with  the  cable. 

f.  Junction  boxes  must  always  be  installed  in  such  a manner  as 
to  be  accessible. 


ELECTRICAL  CONTROL 


69 


g.  For  alternating  current  systems,  armored  cables  must  have  the 
two  or  more  conductors  of  the  circuit  enclosed  in  one  metal  armor. 

h.  All  bends  must  be  so  made  that  the  armor  of  the  cable  will 
not  be  injured.  The  radius  of  the  curve  of  the  inner  edge  of  any 
bend  shall  not  be  less  than  1 3^  inches. 

§ 428.  Interior  conduits. 

a.  No  conduit  smaller  than  3^  inch,  electrical  trade  size,  shall  be 
used.  Measurements  are  to  be  taken  inside  of  metal  conduits. 

b.  Interior  conduits  must  be  continuous  from  outlet  to  outlet 
or  to  junction  boxes  or  cabinets,  and  the  conduit  must  properly 
enter,  and  be  secured  to  all  fittings  and  the  entire  system  must  be 
mechanically  secured  in  position. 

In  case  of  service  connections  and  main  runs,  this  involves  running- 
each  conduit  continuously  into  a main  cut-out  cabinet  or  gutter 
surrounding  the  panel  board,  as  the  case  may  be.  Departure  from 
this  rule  may  be  authorized  in  case  of  underground  services  by  special 
permission. 

c.  Interior  conduits  must  be  first  installed  as  a complete  conduit 
system,  without  the  conductors. 

d.  Interior  conduits  must  be  equipped  at  every  outlet  with  an 
approved  outlet  box  or  plate.  At  exposed  ends  of  conduit  (but  not 
at  fixture  outlets)  where  wires  pass  from  the  conduit  system  without 
splice,  joint  or  tap,  an  approved  fitting  having  separately  bushed 
holes  for  each  conductor  must  be  used.  Departure  from  this  rule 
may  be  authorized  by  special  permission. 

Outlet  plates  must  not  be  used  where  it  is  practicable  to  install 
outlet  boxes. 

For  concealed  work  in  walls  and  ceilings  composed  of  plaster  on 
wooden  joist  or  stud  construction,  outlet  boxes  or  plates  and  also 
cut-out  cabinets  must  be  so  installed  that  the  front  edge  will  not 
be  more  than  34  inch  back  of  the  finished  surface  of  the  plaster, 
and  if  this  surface  is  broken  or  incomplete  it  shall  be  repaired  so 
that  it  will  not  show  any  gaps  or  open  spaces  around  the  edges  of 
the  outlet  box  or  plate  or  of  the  cut-out  cabinet.  On  wooden  walls 
or  ceilings,  outlet  boxes  or  plates  and  cut-out  cabinets  must  be  so 
installed  that  the  front  edge  will  either  be  flush  with  the  finished 
surface  or  project  therefrom.  This  will  not  apply  to  concealed  work 
in  walls  or  ceilings  composed  of  concrete,  tile  or  other  non-combus- 
tible material. 

In  buildings  already  constructed  where  the  conditions  are  such 
that  neither  outlet  box  nor  plate  can  be  installed,  these  appliances 
may  be  omitted  providing  the  conduit  ends  are  bushed  and  secured. 

e. >*  Metal  conduits  where  they  enter  junction  boxes,  and  at  all 
other  outlets,  etc.,  must  be  provided  with  approved  bushings  or 
fastening  plates  fitted  so  as  to  protect  wire  from  abrasion,  except 
when  such  protection  is  obtained  by  the  use  of  approved  nipples, 
properly  fitted  in  boxes  or  devices. 

f.  Interior  conduits  must  have  the  metal  of  the  conduit  per- 
manently and  effectually  grounded  to  water  piping,  gas  piping  or 
other  suitable  grounds,  provided  that  when  connections  are  made 
to  gas  piping,  they  must  be  on  the  street  side  of  the  meter.  If  the 
conduit  system  consists  of  several  separate  sections,  the  sections 


70 


CHAPTER  9 


must  be  bonded  to  each  other,  and  the  system  grounded,  or  each 
section  may  be  separately  grounded,  as  required  above.  Where 
short  sections  of  conduit  (or  pipe  of  equivalent  strength)  is  used  for 
the  protection  of  exposed  wiring  on  side  walls,  and  such  conduit  or 
pipe  and  wiring  is  installed  as  required  by  § 426e  of  this  chapter, 
the  conduit  or  pipe  need  not  be  grounded. 

Conduits  and  gas  pipes  must  be  securely  fastened  in  outlet  boxes, 
junction  boxes  and  cabinets,  so  as  to  secure  good  electrical  connec- 
tions. 

If  conduit  couplings,  outlet  boxes,  junction  boxes,  cabinets  or 
fittings,  having  protective  coating  of  non-conducting  material  such 
as  enamel  are  used,  such  coating  must  be  thoroughly  removed  from 
threads  of  both  couplings  and  conduit,  and  such  surfaces  of  boxes, 
cabinets  and  fittings  where  the  conduit  or  ground  clamp  is  secured 
in  order  to  obtain  the  requisite  good  connection.  Grounded  pipes 
should  be  cleaned  of  rust,  scale,  etc.,  at  place  of  attachment  of 
ground  clamp. 

Connections  to  grounded  pipes  and  to  conduit  must  be  exposed 
to  view  or  readily  accessible,  and  must  be  made  by  means  of  ap- 
proved ground  clamps  to  which  the  ground  wires  must  be  soldered. 

Ground  wires  must  be  of  copper  at  least  No.  10  B.  & S.  gauge  (where 
largest  wire  contained  in  conduit  is  not  greater  than  No.  0 B.  & S. 
gauge),  and  need  not  be  greater  than  No.  4 B.  & S.  gauge  (where 
largest  wire  contained  in  conduit  is  greater  than  No.  0 B.  & S.  gauge). 
They  shall  be  protected  from  mechanical  injury. 

g.  Junction  boxes  must  always  be  installed  in  such  a manner  as 
to  be  accessible. 

h.  All  elbows  or  bends  must  be  so  made  that  the  conduit  will  not 
be  injured.  The  radius  of  the  curve  of  the  inner  edge  of  any  elbow 
shall  not  be  less  than  inches.  There  must  be  not  more  than  the 
equivalent  of  4 quarter  bends  from  outlet  to  outlet,  the  bends  at  the 
outlets  not  being  counted. 

§ 429.  Metal  mouldings. 

a.  Metal  moulding  must  be  continuous  from  outlet  to  outlet,  to 
junction  boxes,  or  approved  fittings  designed  especially  for  use  with 
metal  mouldings,  and  must  at  all  outlets  be  provided  with  approved 
terminal  fittings  which  will  protect  the  insulation  of  conductors  from 
abrasion,  unless  such  protection  is  afforded  by  the  construction  of 
the  boxes  or  fittings. 

b.  Such  moulding  where  passing  through  a floor  must  be  carried 
through  an  iron  pipe  extending  from  the  ceiling  below  to  a point  5 
feet  above  the  floor,  which  will  serve  as  an  additional  mechanical 
protection  and  exclude  the  presence  of  moisture  often  prevalent  in 
such  locations. 

Where  the  mechanical  strength  of  the  moulding  itself  is  adequate, 
this  ruling  may  be  modified  to  require  the  protecting  piping  from 
the  ceiling  below  to  a point  at  least  3 inches  above  the  flooring. 

Where  such  mouldings  pass  through  a partition  the  iron  pipe  re- 
quired for  passing  through  floors  may  be  omitted  and  the  moulding 
passed  directly  through,  providing  the  partition  is  dry  and  the 
moulding  is  in  a continuous  length  with  no  joint  or  couplings  within 
the  partition. 


ELECTllICAL  CONTROL  71 

c.  Backing  must  be  secured  in  position  by  screws  or  bolts,  the 
heads  of  which  must  be  flush  with  the  metal. 

d.  Metal  moulding  must  be  permanently  and  effectively  grounded 
to  water  piping,  gas  piping,  or  other  suitable  grounds,  provided  that 
when  connections  are  made  to  gas  piping,  they  must  be  on  the  street 
side  of  the  meter.  If  the  metal  moulding  system  consists  of  several 
separate  sections,  the  sections  must  be  bonded  to  each  other  and 
the  system  grounded,  or  each  section  may  be  separately  grounded, 
as  required  above. 

Metal  mouldings  and  gas  pipes  must  be  securely  fastened  to  outlet 
boxes,  junction  boxes  and  cabinets,  so  as  to  secure  a good  electrical 
connection.  Moulding  must  be  so  installed  that  adjacent  lengths 
of  moulding  will  be  mechanically  and  electrically  secured  at  all 
points. 

If  metal  moulding,  couplings,  outlet  boxes,  junction  boxes,  cabinets 
or  fittings  having  protective  coating  of  non-conducting  material 
such  as  enamel  are  used,  such  coating  must  be  thoroughly  removed 
from  threads  of  couplings  and  metal  mouldings,  and  from  the  sur- 
faces of  boxes,  cabinets  and  fittings,  where  the  metal  moulding  or 
ground  clamp  is  secured  in  order  to  obtain  the  requisite  good  con- 
nection. Grounded  pipes  should  be  cleaned  of  rust,  scale,  etc.,  at 
the  place  of  attachment  of  the  ground  clamp. 

Connection  to  grounded  pipes  and  to  metal  mouldings  must  be 
exposed  to  view,  or  readily  accessible,  and  must  be  made  by  means 
of  approved  ground  clamps,  to  which  the  wires  must  be  soldered. 

Ground  wires  must  be  of  copper,  at  least  No.  10  B.  & S.  gauge. 
They  shall  be  protected  from  mechanical  injury. 

e.  Must  be  installed  so  that  for  alternating  systems  the  two  or 
more  wires  of  a circuit  will  be  in  the  same  metal  moulding. 

§ 430.  Fixtures. 

a.  When  supported  at  outlets  in  metal  conduit,  armored  cable  or 
metal  moulding  systems,  or  from  gas  piping  or  any  grounded  metal 
work,  or  when  installed  on  metal  walls  or  ceilings,  or  on  plaster  walls 
or  ceilings  containing  metal  lath,  or  on  walls  or  ceilings  in  fireproof 
buildings,  fixtures  must  be  insulated  from  such  supports  by  approved 
insulating  joints  placed  as  close  as  possible  to  the  ceilings  or  walls. 
The  insulating  joint  may  be  omitted  in  conduit,  armored  cable  or 
metal  moulding  systems  with  straight  electric  fixtures  in  which  the 
insulation  of  conductors  is  the  equivalent  of  insulation  in  other  parts 
of  the  system,  and  provided  that  approved  sockets,  receptacles  or 
wireless  clusters  are  used,  of  a type  having  porcelain  or  equivalent 
insulation  between  live  metal  parts  and  outer  metal  shells,  if  any. 

Gas  pipes  must  be  protected  above  the  insulating  joint  by  approved 
insulating  tubing,  and  where  outlet  tubes  are  used  they  must  be  of 
sufficient  length  to  extend  below  the  insulating  joint,  and  must  be 
so  secured  that  they  will  not  be  pushed  back  when  the  canopy  is 
put  in  place. 

Where  insulating  joints  are  required,  fixture  canopies  of  metal 
must  be  thoroughly  and  permanently  insulated  from  walls  or  ceilings, 
or  from  plaster  walls  or  ceilings  on  metal  lathing,  and  from  outlet 
boxes. 

Canopy  insulators  must  be  securely  fastened  in  place,  so  as  to 


72 


CHAPTER  9 


separate  the  canopies  thoroughly  and  permanently  from  the  surfaces 
and  outlet  boxes  from  which  they  are  designed  to  be  insulated. 

Fixtures  having  so-called  flat  canopies,  tops  or  backs  will  not  be 
approved  for  installation  except  where  outlet  boxes  are  used. 

b.  Fixtures  must,  when  installed  out  doors,  be  of  watertight  con- 
struction. 

c.  Fixtures  must  not,  when  wired  on  the  outside,  be  used  in  show 
windows  or  in  the  immediate  vicinity  of  especially  inflammable  stuff. 

d.  Fixtures  must  be  free  from  short  circuits  between  conductors 
and  from  contacts  between  conductors  and  metal  parts  of  fixtures, 
and  must  be  tested  for  such  conditions  before  being  connected  to 
supply  conductors. 

§ 431.  Sockets. 

a.  In  rooms  where  inflammable  gases  may  exist  the  incandescent 
lamp  and  socket  must  be  enclosed  in  a vapor-tight  globe,  and  sup- 
ported on  a pipe-hanger,  wired  with  approved  rubber-covered  wire 
soldered  directly  to  the  circuit. 

b.  In  damp  or  wet  places,  or  where  exposed  to  corrosive  vapors, 
weatherproof  sockets  especially  approved  for  the  location  must  be 
used.  Unless  made  up  on  fixtures  they  must  be  hung  by  separate 
stranded  rubber-covered  wires  not  smaller  than  No.  14  B.  & S.  gauge, 
which  should  preferably  be  twisted  together  when  the  pendant  is 
over  3 feet  long. 

These  wires  must  be  soldered  direct  to  the  circuit  wires  but  sup- 
ported independently  of  them. 

c.  Key  sockets  will  not  be  approved  if  installed  over  specially  in- 
flammable stuff,  or  where  exposed  to  flyings  of  combustible  material. 

§ 432.  Flexible  cord. 

a.  Flexible  cord  must  have  an  approved  insulation  and  covering. 

b.  Flexible  cord  must  not  be  used  where  the  difference  of  potential 
between  the  two  wires  is  over  300  volts. 

c.  Flexible  cord  must  not  be  used  as  a support  for  clusters. 

d.  Flexible  cord  must  not  be  used  except  for  pendants,  wiring  of 
fixtures,  portable  lamps  or  motors,  and  portable  heating  apparatus. 

For  all  portable  work,  including  those  pendants  which  are  liable 
to  be  moved  about  sufficiently  to  come  in  contact  with  surrounding 
objects,  flexible  wires  and  cables  especially  designed  to  withstand 
this  severe  service  must  be  used. 

When  necessary  to  prevent  portable  lamps  from  coming  in  contact 
with  inflammable  materials,  or  to  protect  them  from  breakage,  they 
must  be  surrounded  with  a substantial  wire  guard. 

e.  Flexible  cord  must  not  be  used  in  show  windows  or  show  cases, 
except  when  provided  with  an  approved  metal  armor.  Departure 
from  this  rule,  in  the  case  of  chain  fixtures,  may  be  authorized  only 
under  special  permission  in  writing. 

f.  Flexible  cord  must  be  protected  by  insulating  bushings  where 
the  cord  enters  the  socket. 

g.  Flexible  cord  must  be  so  suspended  that  the  entire  weight  of 
the  socket  and  lamp  will  be  borne  by  some  approved  method  under 
the  bushing  in  the  socket,  and  above  the  point  where  the  cord  comes 
through  the  ceiling  block  or  rosette,  in  order  that  the  strain  may  be 
taken  from  the  joints  and  binding  screws. 


ELECTRICAL  CONTROL 


73 


§ 433.  Arc  lamps  on  constant-potential  circuits. 

a.  There  must  be  a cut-out  (see  § 419  of  this  chapter)  for  each 
lamp  or  each  series  of  lamps. 

The  branch  conductors  must  have  a carrying  capacity  about  50 
per  cent,  in  excess  of  the  normal  current  required  by  the  lamp. 

b.  Arc  lamps  must  be  furnished  only  with  such  resistances  or 
regulators  as  are  enclosed  in  non-combustible  material,  such  re- 
sistances being  treated  as  sources  of  heat.  Incandescent  lamps  must 
not  be  used  for  this  purpose. 

c.  Arc  lamps  must  be  supplied  with  globes  and  protected  by 
spark  arresters  and  wire  netting  around  the  globe,  as  in  the  case  of 
series  arc  lamps  (see  § 421  of  this  chapter). 

Outside  arc  lamps  must  be  suspended  at  least  8 feet  above  side- 
walks. Inside  arc  lamps  must  be  placed  out  of  reach  or  suitably 
protected. 

d.  Arc  lamps,  when  arranged  to  be  raised  and  lowered,  either  for 
carboning  or  other  purposes,  shall  be  connected  up  with  stranded 
conductors  from  the  last  point  of  support  to  the  lamp,  when  such 
conductor  is  larger  than  No.  14  B.  & S.  gauge. 

§ 434.  Vapor  lamps. 

1.  Enclosed  mercury  vapor  lamps. 

a.  Enclosed  mercury  vapor  lamps  must  have  a cut-out  for  each 
lamp  or  series  of  lamps  except  when  contained  in  a single  frame  and 
lighted  by  a single  operation,  in  which  case  not  more  than  5 lamps 
should  be  dependent  upon  a single  cut-out. 

b.  Enclosed  mercury  vapor  lamps  must  be  furnished  only  with 
such  resistances  or  regulators  as  are  enclosed  in  non-combustible 
cases,  such  resistances  to  be  treated  as  sources  of  heat.  In  locations 
where  these  resistances  or  regulators  are  subject  to  flyings  of  lint 
or  combustible  material,  all  openings  through  cases  must  be  pro- 
tected by  fine  wire  gauze. 

2.  High-potential  vacuum  tube  systems. 

c.  The  tube  must  be  so  installed  as  to  be  free  from  mechanical 
injury  or  liability  to  contact  with  inflammable  material. 

d.  High-potential  coils  and  regulating  apparatus  must  be  installed 
in  approved  steel  cabinet  not  less  than  1-10  inch  in  thickness:  same 
to  be  well  ventilated  in  such  a manner  as  to  prevent  the  escape  of 
any  flame  or  sparks,  in  case  of  burnout  in  the  various  coils.  All 
apparatus  in  this  box  must  be  mounted  on  slate  base  and  the  enclos- 
ing case  positively  grounded.  Supplying  conductors  leading  into 
this  high-potential  case  are  to  be  installed  in  accordance  with  the 
standard  requirements  governing  low-potential  systems,  where  such 
wires  do  not  carry  a potential  of  over  300  volts. 

§ 435.  Economy  coils. 

a.  Economy  and  compensator  coils  for  arc  lamps  must  be  mounted 
on  non-combustible,  non-absorptive,  insulating  supports,  such  as 
glass  or  porcelain,  allowing  an  air  space  of  at  least  1 inch  between 
frame  and  support,  and  must  in  general  be  treated  as  sources  of 
heat. 

§ 436.  Transformers,  low-potential. 

1.  Oil  transformers. 

a.  Must  not  be  placed  inside  of  any  building  except  central  sta- 


74 


CHAPTER  9 


tions,  sub-stations  and  transformer  vaults,  except  by  special  per- 
mission. 

2.  Air  cooled  transformers. 

b.  Air  cooled  transformers  must  not  be  placed  inside  of  any  build- 
ing excepting  central  stations,  sub-stations  and  transformer  vaults, 
if  the  highest  voltage  of  either  primary  or  secondary  exceeds  550 
volts. 

c.  Air  cooled  transformers  must,  with  the  exception  of  bell-ringing 
and  other  signaling  transformers,  be  so  mounted  that  the  case  shall 
be  at  a distance  of  at  least  1 foot  from  combustible  material  or 
separated  therefrom  by  non-combustible,  non-absorptive,  insulating 
material,  such  as  slate,  marble  or  soapstone.  This  will  require  the 
use  of  a slab  or  panel  somewhat  larger  than  the  transformer. 

§ 437.  Decorative  lighting  systems. 

a.  Special  permission  in  writing  may  be  given  for  the  temporary 
installation  of  approved  systems  of  decorative  lighting,  provided 
the  difference  of  potential  between  the  wires  of  any  circuit  shall 
not  be  over  150  volts  and  also  provided  that  no  group  of  lamps 
requiring  more  than  1,320  watts  shall  be  dependent  on  one  cut-out. 

§ 438.  Theater  and  moving  picture  establishment  wiring. 

All  wiring,  apparatus,  etc.,  not  specifically  covered  by  this  sec- 
tion must  conform  to  the  general  requirements  of  this  chapter,  and 
the  term  ^‘theater shall  mean  a building,  or  that  part  of  a building 
regularly  or  frequently  used  for  dramatic,  operatic,  moving  picture 
or  other  performances  or  shows  or  which  has  a stage  for  such  per- 
formances used  with  scenery  or  other  stage  appliances. 

a.  Services. 

Where  supply  may  be  obtained  from  2 separate  street  mains,  2 
separate  and  distinct  services  must  be  installed,  one  service  to  be 
of  sufficient  capacity  to  supply  current  for  the  entire  equipment  of 
theatre,  while  the  other  service  must  be  at  least  of  sufficient  capacity 
to  supply  current  for  all  emergency  lights.  Where  supply  cannot 
be  obtained  from  2 separate  sources,  the  feed  for  emergency  lights 
must  be  taken  from  a point  on  the  street  side  of  main  service  fuses. 
By  ^‘emergency  lights”  are  meant  exit  lights  and  all  lights  in  lob- 
bies, stairways,  corridors,  and  other  portions  of  theatre  to  which 
the  public  have  access,  which  are  normally  kept  lighted  during  the 
performance. 

Where  source  of  supply  is  an  isolated  plant  within  the  same  build- 
ing, an  auxiliary  service  of  at  least  sufficient  capacity  to  supply  all 
emergency  lights  must  be  installed  from  some  outside  source,  or  a 
suitable  storage  battery  within  the  premises  may  be  considered  the 
equivalent  of  such  service. 

b.  Stage. 

All  permanent  construction  on  stage  side  of  proscenium  wall, 
except  as  hereinafter  provided,  must  be  approved  conduit  or  armored 
cable. 

c.  Switchboard  must  be  of  the  dead  front  type  and  made  of  non- 
combustible, non-absorptive  insulating  material,  plans  of  each  board 
to  be  approved  before  installation. 

d.  Footlights  must  be  wired  in  approved  conduit  or  armored 
cable,  each  lamp  receptacle  being  enclosed  within  an  approved 


ELECTUICAL  CONTROL 


75 


outlet  box,  or  the  lamp  receptacles  may  be  mounted  in  an  iron  or 
steel  box,  metal  to  be  of  a thickness  not  less  than  No.  20  U.  S.  sheet 
metal  gauge,  treated  to  prevent  oxidation,  so  constructed  as  to  en- 
close all  the  wires;  wires  to  be  soldered  to  lugs  of  receptacles. 

Footlights  must  be  so  wired  that  no  set  of  lamps  requiring  more 
than  1,320  watts  nor  more  than  32  receptacles  shall  be  dependent 
upon  one  cut-cut. 

e.  Borders  and  proscenium  sidelights. 

1.  Borders  and  proscenium  sidelights  must  be  constructed  of 
steel  of  a thickness  not  less  than  No.  20  U.  S.  sheet  metal  gauge, 
treated  to  prevent  oxidation,  be  suitably  stayed  and  supported,  and 
so  designed  that  flanges  of  reflectors  will  protect  lamps. 

2.  Borders  and  proscenium  sidelights  must  be  so  wired  that  no 
set  of  lamps  requiring  more  than  1,320  watts  nor  more  than  32 
receptacles  shall  be  dependent  upon  one  cut-out. 

3.  Borders  and  proscenium  sidelights  must  be  wired  in  approved 
conduit  or  armored  cable,  each  lamp  receptacle  to  be  enclosed  within 
an  approved  outlet  box,  or  the  lamp  receptacles  may  be  mounted 
in  an  iron  or  steel  box,  metal  to  be  of  a thickness  not  less  than  No.  20 
U.  S.  sheet  metal  gauge,  treated  to  prevent  oxidation,  so  constructed 
as  to  enclose  all  wires,  the  wires  to  be  soldered  to  lugs  of  receptacles. 

4.  Borders  and  proscenium  sidelights  must  be  provided  with 
suitable  guards  to  prevent  scenery  or  other  combustible  material 
coming  in  contact  with  lamps. 

5.  Cables  for  borders  must  be  of  approved  type  and  suitably  sup- 
ported; conduit  construction  must  be  used  from  switchboard  to 
point  where  cables  must  be  flexible  to  permit  of  the  raising  and 
lowering  of  border. 

6.  For  the  wiring  of  the  border  proper,  wire  with  approved  slow- 
burning  insulation  must  be  used. 

7.  Borders  must  be  suitably  suspended,  and  if  a wire  rope  is  used 
same  must  be  insulated  by  at  least  one  strain  insulator  inserted  at 
the  border. 

f.  Stage  and  gallery  pockets  must  be  of  approved  type,  insulated 
from  ground  and  controlled  from  switchboard,  each  receptacle  to 
be  not  less  than  35  ampere  rating  for  arc  lamps  nor  15  amperes  for 
incandescent  lamps,  and  each  receptacle  to  be  wired  to  its  full 
capacity.  Arc  pockets  must  be  wired  with  wire  not  smaller  than 
No.  6 B.  & S.  gauge  and  incandescent  pockets  with  not  less  than 
No.  12  B.  & S.  gauge. 

Plugs  for  arc  and  incandescent  pockets  must  not  be  interchange- 
able. 

g.  Scene  docks. 

Where  lamps  are  installed  in  scene  docks,  they  must  be  so  located 
and  installed  that  they  will  not  be  liable  to  mechanical  injury. 

h.  Curtain  motors  must  be  of  ironclad  type  and  installed  as  to 
conform  to  the  requirements  of  this  chapter  (see  § 208). 

i.  Control  for  stage  flues. 

In  cases  where  dampers  are  released  by  an  electric  device,  the 
electric  circuit  operating  same  must  be  normally  closed. 

Magnet  operating  damper  must  be  wound  to  take  full  voltage  of 
circuit  by  which  it  is  supplied,  using  no  resistance  device,  and  must 


7() 


CHAPTER  9 


not  heat  more  than  normal  for  apparatus  of  similar  construction. 
It  must  be  located  in  loft  above  scenery,  and  be  installed  in  a suit- 
able iron  box  with  a tight  self-closing  door. 

Such  dampers  must  be  controlled  by  at  least  2 standard  single 
pole  switches  mounted  within  approved  iron  boxes  provided  with 
self-closing  doors,  wdthout  lock  or  latch,  and  located,  one  at  the 
electrician^s  station  and  others  as  designated. 

j.  Dressing  rooms  must  be  wired  in  approved  conduit  or  armored 
cable. 

All  pendant  lights  must  be  equipped  with  approved  reinforced 
cord,  armored  cable  or  steel  armored  flexible  cord. 

All  lamps  must  be  provided  with  approved  guards. 

k.  Portable  equipment. 

Arc  lamps  used  for  stage  effects  must  conform  to  the  following 
requirements: 

l.  Must  be  constructed  entirely  of  metal  except  where  the  use  of 
approved  insulating  material  is  necessary. 

2.  Must  be  substantially  constructed,  and  so  designed  as  to  provide 
for  proper  ventilation,  and  to  prevent  sparks  being  emitted  from 
lamps  when  same  are  in  operation,  and  mica  must  be  used  for  frame 
insulation. 

3.  Front  opening  must  be  provided  with  a self-closing  hinged  door 
frame,  in  which  wire  gauze  or  glass  must  be  inserted,  except  in  the 
case  of  lens  lamps,  where  the  front  may  be  stationary,  and  a solid 
door  be  provided  on  back  or  side. 

4.  Must  be  so  constructed  that  neither  carbons  nor  live  parts  will 
be  brought  into  contact  with  metal  of  hood  during  operation,  and 
arc  lamp  frames  and  standards  must  be  so  installed  and  protected 
as  to  prevent  the  liability  of  their  being  grounded. 

5.  Switch  on  standard  must  be  so  constructed  that  accidental 
contact  with  any  live  portion  of  same  will  be  impossible. 

6.  All  stranded  connections  in  lamps  and  at  switch  and  rheostat 
must  be  provided  with  approved  lugs. 

7.  Rheostats  must  be  plainly  marked  with  their  rated  capacity  in 
volts  and  amperes,  and,  if  mounted  on  standards,  must  be  raised  to 
a height  of  at  least  3 inches  above  floor.  Resistance  must  be  en- 
closed in  a substantial  and  properly  ventilated  metal  case  which  affords 
a clearance  of  at  least  1 inch  between  case  and  resistance  element. 

8.  A competent  operator  must  be  in  charge  of  each  arc  lamp, 
except  that  1 operator  may  have  charge  of  2 lamps  when  they  are 
not  more  than  10  feet  apart,  and  are  so  located  that  he  can  properly 
watch  and  care  for  both  lamps. 

l.  Bunches  must  be  substantially  constructed  of  metal  and  must 
not  contain  any  exposed  wiring;  cable  feeding  bunches  must  be 
bushed  in  an  approved  manner  where  passing  through  the  metal, 
and  must  be  properly  secured  to  prevent  any  mechanical  strain  from 
coming  on  the  connection. 

m.  Strips  must  be  constructed  of  steel  of  a thickness  not  less  than 
No.  20  U.  S.  sheet  metal  gauge,  treated  to  prevent  oxidation,  and 
suitably  stayed  and  supported  and  so  designed  that  flanges  will 
protect  lamps.  Cable  must  be  bushed  in  a suitable  manner  where 
passing  through  the  metal,  and  must  be  properly  secured  to  prevent 


ELECTRICAL  CONTROL 


77 


serious  mechanical  strain  from  coming  on  the  connections.  Strips 
must  be  wired  in  approved  conduit  or  armored  cable,  each  lamp 
receptacle  being  enclosed  within  an  approved  outlet  box  or  the  lamp 
receptacles  may  be  mounted  in  an  iron  or  steel  box,  metal  to  be  of 
a thickness  not  less  than  No.  20  U.  S.  sheet  metal  gauge,  treated  to 
prevent  oxidation,  so  constructed  as  to  enclose  all  wires,  the  wires 
to  be  soldered  to  lugs  or  receptacles. 

n.  Portable  plugging  boxes  must  be  so  constructed  that  no  cur- 
rent carrying  part  will  be  exposed,  and  each  receptacle  must  be 
protected  by  approved  fuses  mounted  on  slate  or  marble  bases  and 
enclosed  in  a fireproof  cabinet  equipped  with  self-closing  doors. 
Each  receptacle  must  be  constructed  to  carry  30  amperes  without 
undue  heating,  and  the  busbars  must  have  a carrying  capacity 
equivalent  to  the  current  required  for  the  total  number  of  recep- 
tacles, and  approved  lugs  must  be  provided  for  the  connection  of 
the  master  cable. 

o.  Pin  plug  connectors  must  be  of  an  approved  type,  so  installed 
that  the  female  part  of  plug  will  be  on  live  end  of  cable,  and  must  be 
so  constructed  that  tension  on  the  cable  will  not  cause  any  serious 
mechanical  strain  on  the  connections. 

p.  Portable  conductors.  Flexible  conductors  used  for  receptacles 
to  arc  lamps,  bunches  and  other  portable  equipments  must  be  ap- 
proved stage  cable,  except  that  for  the  purpose  of  feeding  a stand 
lamp  under  conditions  where  conductors  are  not  liable  to  severe 
mechanical  injury  an  approved  reinforced  cord  may  be  used,  pro- 
vided cut-out  designed  to  protect  same  is  not  fused  over  6 amperes 
capacity. 

q.  Lights  on  scenery.  Where  brackets  are  used  they  must  be 
wired  entirely  on  the  inside,  fixture  stem  must  come  through  to  the 
back  of  the  scenery  and  end  of  stem  be  properly  bushed. 

r.  String  or  festooned  light  wiring  must  be  of  approved  type, 
joints  to  be  properly  made,  soldered  and  taped,  and  staggered  where 
practicable. 

Where  lamps  are  used  in  lanterns  or  similar  devices,  approved 
guards  must  be  employed. 

s.  Special  electrical  effects.  Where  devices  are  used  for  producing 
special  effects  such  as  lightning,  waterfalls,  etc.,  the  apparatus  must 
be  so  constructed  and  located  that  flames,  sparks,  etc.,  resulting 
from  the  operation  cannot  come  in  contact  with  combustible  ma- 
terial. 

t.  Auditorium  wiring  must  be  installed  in  approved  conduit, 
metal  moulding  or  armored  cable.  Where  receptacles  are  used, 
they  must  be  enclosed  in  approved  boxes. 

Exit  lights  must  not  have  more  than  1 set  of  fuses  between  same 
and  service  fuses.  Exit  lights  and  all  lights  in  halls,  corridors  or  any 
other  part  of  the  building  used  by  audience,  except  the  general 
auditorium  lighting,  must  be  fed  independently  of  the  stage  lighting, 
and  must  be  controlled  only  from  the  lobby  or  other  convenient 
place  in  front  of  the  house.  All  fuses  must  be  enclosed  in  approved 
cabinets. 

u.  Moving  picture  equipments  other  than  those  of  approved 
miniature  type. 


78 


CHAPTER  9 


1 . The  arc  lamp  used  as  a part  of  a moving  picture  machine  must 
be  constructed,  so  far  as  practicable,  similar  to  arc  lamps  of  theatres, 
and  wiring  to  same  must  not  be  of  less  capacity  than  No.  6 B.  & S. 
gauge.  The  leads  to  the  lamp  and  its  rheostat  or  equivalent  device 
must  be  protected  by  a plug  cut-out  or  open  link  fuses,  the  latter 
enclosed  in  an  approved  cabinet  with  self-closing  door.  Cartridge 
fuses  will  not  be  permitted. 

2.  Rheostats,  transforming  devices  or  any  substitute  therefor 
must  be  of  types  expressly  designed  and  approved  for  the  purpose. 
Their  installation  and  location  must  be  subject  to  approval  as  parts 
of  the  moving  picture  machine. 

3.  Top  and  bottom  reels  must  be  enclosed  in  steel  boxes  or  maga- 
zines, each  with  an  opening  of  approved  construction  at  bottom  or 
top,  so  arranged  as  not  to  permit  entrance  of  flame  to  magazine.  No 
solder  is  to  be  used  in  the  construction  of  these  magazines.  The 
front  side  of  each  magazine  must  consist  of  a door  swinging  horizon- 
tally and  be  provided  with  a substantial  latch. 

4.  An  automatic  shutter  must  be  provided  and  must  be  so  con- 
structed as  to  shield  the  film  from  the  beam  of  light  whenever  the 
film  is  not  running  at  operating  speed.  Shutter  must  be  permanently 
attached  to  the  gate  frame. 

5.  Extra  films  must  be  kept  in  individual  metal  boxes  equipped 
with  tight-fitting  covers. 

6.  Machine  operation  must  be  of  an  approved  type.  If  driven  by 
a motor,  the  latter  must  be  of  a type  expressly  designed  and  approved 
for  such  operations,  and  when  so  approved,  motor  driven  machines, 
when  in  charge  of  a skilled  operator,  may  be  authorized  under  special 
permission  in  writing,  given  in  advance. 

7.  Machine  must  be  placed  in  an  enclosure  or  house  made  of 
suitable  fireproof  material;  must  be  properly  ventilated,  properly 
lighted  and  large  enough  for  operator  to  walk  freely  on  either  side 
of  or  back  of  machine.  All  openings  into  this  booth  must  be  ar- 
ranged so  as  to  be  entirely  closed  by  doors  or  shutters  constructed 
of  the  same  or  equally  good  fire-resisting  material  as  the  booth  itself. 
Doors  or  covers  must  be  arranged  so  as  to  be  held  normally  closed 
by  spring  hinges  or  equivalent  devices. 

8.  Reels  containing  films  under  examination  or  in  process  of  re- 
winding must  be  enclosed  in  magazines  or  approved  metal  boxes, 
similar  to  those  required  for  films  in  operation,  and  not  more  than 
2 feet  of  film  shall  be  exposed  in  booth. 

V.  Moving  picture  equipments  of  approved  miniature  type  for 
home,  lecture  and  similar  purposes. 

1.  Arc  lamp  used  as  a part  of  machine  must  be  constructed  so  far 
as  practicable  similar  to  arc  lamps  of  theatres,  and  must  not  require 
more  than  350  watts  to  operate  same. 

2.  The  rheostat  or  other  current  controlling  device  must  conform 
to  the  requirements  for  similar  devices  for  theatre  ^work,  and  must 
be  attached  to  and  form  a part  of  the  machine. 

3.  Films  must  be  of  the  non-inflammable  type. 

4.  Such  miniature  machine  shall  be  operated  in  an  approved  box 
of  fireproof  material  constructed  with  a fusible  link  or  other  approved 
releasing  device  to  close  instantaneously  and  completely  in  case  of 


ELECTIllCAL  CONTROL 


79 


combustion  within  the  box.  The  light  in  said  miniature  machine 
shall  be  completely  enclosed  in  a metal  lantern  box  covered  with  an 
unremovable  roof. 

§ 439.  Outline  Lighting. 

a.  Outline  lighting  must  be  connected  only  to  low-potential  systems. 

b.  Open  or  conduit  work  or  metal  trough  construction  may  be 
used,  but  moulding  will  not  be  permitted. 

c.  Where  flexible  tubing  is  required,  the  ends  must  be  sealed  and 
painted  with  moisture  repellent  and  kept  at  least  M inch  from  surface 
wired  over. 

d.  Wires  for  use  in  rigid  or  flexible  steel  conduit  must  comply 
with  requirements  for  conduit  work.  Where  armored  cable  is  used, 
the  conductors  must  be  protected  from  moisture  by  lead  sheath 
between  armor  and  insulation. 

e.  Outline  lighting  must  be  protected  by  its  own  cut-out,  and 
controlled  by  its  own  switch;  single  pole  switches  must  not  be  used. 
Cut-outs,  switches,  flashers  and  similar  appliances  must  be  of  ap- 
proved types  and  be  installed  as  required  by  this  chapter  for  such 
appliances,  and,  if  outside  of  the  building,  must,  with  the  exception 
of  transformers  of  weatherproof  type,  be  installed  in  approved 
weatherproof  cabinets. 

f.  Circuits  must  be  so  arranged  that  not  more  than  1,320  watts 
will  be  dependent  upon  one  cut-out. 

8.  Sockets  and  receptacles  must  be  of  the  keyless  porcelain  type 
and  wires  must  be  soldered  to  lugs  on  same.  Miniature  receptacles 
will  not  be  approved  for  outdoor  work. 

h.  For  open  work,  wires  must  be  approved  rubber  covered,  not 
less  than  No.  14  B.  & S.  gauge  and  must  be  rigidly  supported  on  non- 
combustible, non-absorptive  insulators,  which  separate  the  wires 
at  least  1 inch  from  the  surface  wired  over.  Rigid  supporting  re- 
quires, under  ordinary  conditions  where  wiring  over  flat  surfaces, 
supports  at  least  every  4J^  feet.  If  the  wires  are  liable  to  be  dis- 
turbed, the  distance  between  supports  should  be  shortened.  In 
those  parts  of  circuits  where  wires  are  connected  to  approved  re- 
ceptacles which  hold  them  at  least  1 inch  from  surface  wired  over, 
and  which  are  placed  not  over  1 foot  apart,  such  receptacles  will  be 
considered  to  afford  the  necessary  support  and  spacing  of  the  wires. 
Between  receptacles  more  than  1 foot,  but  less  than  2 feet  apart, 
an  additional  non-combustible,  non-absorptive  insulator  maintain- 
ing a separation  and  spacing  equivalent  to  the  receptacles  must  be 
used.  Except  as  above  specified,  wires  must  be  kept  apart  at  least 
2}/^  inches  for  voltages  up  to  300,  and  4 inches  for  higher  voltages. 

i.  For  metal  trough  construction,  the  troughs  and  other  details 
must  comply  with  the  requirements  of  § 583  No.  83  a to  f,  hereof. 

§ 439a.  Garages. 

1.  Definition,  A garage  is  that  portion  of  a building  in  which 
any  automobile  carrying  volatile  inflammable  liquid  is  kept,  whether 
such  automobile  be  kept  for  use,  for  sale,  for  rental,  for  exhibition 
or  for  demonstrating  purposes;  and  all  that  portion  of  a building 
that  is  on  or  below  the  floor  or  floors  on  which  an  automobile  carry- 
ing volatile  inflammable  liquid  is  kept  and  is  not  separated  therefrom 
by  tight  unpierced  fire  walls  and  floors. 


80 


CHAPTER  9 


2.  Wiring  and  appliances,  a.  Approved  metal  conduit  or  ap- 
proved armored  cable  must  be  employed,  except  in  offices  and  show 
rooms,  where  approved  metal  moulding  may  be  used. 

b.  Cut-outs,  switches,  receptacles  and  sockets  which  are  per- 
manently located  must  be  placed  at  least  4 feet  above  the  floor. 

c.  Switchboards  and  charging  panels,  if  not  placed  4 feet  above 
the  floor  must  be  located  in  a fireproof  enclosure  provided  with  a 
self-closing  door. 

d.  For  portable  lights,  flexible  cable  designed  for  rough  usage 
must  be  employed,  this  cable  carrying  the  male  end  of  a pin  plug 
connector  or  equivalent  of  at  least  3 amperes  capacity,  the  female 
end  being  of  such  design  or  so  hung  that  the  connector  will  break 
apart  readily  at  any  position  of  the  cable.  The  connector  must  be 
kept  at  least  4 feet  above  the  floor.  For  all  portable  lights,  keyless 
moulded-mica  or  metal  sheathed  porcelain  sockets  equipped  with 
handle,  hook  and  guard  must  be  employed. 

e.  For  charging,  theatre  stage  cable  must  be  employed,  this 
cable  carrying  the  female  end  of  a pin  plug  connector  or  equivalent 
of  a capacity  of  at  least  50  amperes,  the  male  end  being  of  such  de- 
sign or  so  hung  that  the  connector  will  break  apart  readily  at  any 
position  of  the  cable.  The  connector  must  be  kept  at  least  4 feet 
above  the  floor,  and  the  male  end,  if  not  located  on  a switchboard 
or  charging  panel,  must  be  shielded  against  accidental  contact. 

f.  Motors,  if  not  located  at  least  4 feet  above  the  floor,  must  be 
of  the  fully  enclosed  type. 

§ 442.  Lighting  and  power  from  railway  wires  must  not  be  per- 
mitted, under  any  pretense,  in  the  same  circuit  with  trolley  wires 
with  a ground  return,  except  in  electric  railway  cars,  electric  car 
houses,  power  houses,  passenger  and  freight  stations  connected  with 
the  operation  of  electric  railways. 

§ 443.  Electric  cranes.  All  wiring,  apparatus,  etc.,  not  specifically 
covered  by  special  rules  herein  given,  must  conform  to  the  general 
requirements  of  this  Code,  except  that  the  switch  required  by  § 208c 
of  this  chapter  for  each  motor  may  be  omitted. 

a.  Wiring. 

1.  All  wires  except  bare  collector  wires,  those  between  resistances 
and  contact  plates  of  rheostats  and  those  subjected  to  severe  ex- 
ternal heat,  must  be  approved  rubber-covered  and  not  smaller  in 
size  than  No.  12  B.  & S.  gauge.  Insulation  on  wires  between  resist- 
ances and  contact  plates  of  rheostats  must  conform  to  paragraph  d 
hereof,  while  wires  subjected  to  severe  external  heat  must  have 
approved  slow-burning  insulation. 

2.  All  wires  excepting  collector  wires  and  those  run  in  metal 
conduit  or  approved  flexible  cable  must  be  supported  by  knobs  or 
cleats  which  separate  them  at  least  1 inch  from  the  surface  wired 
over,  but  in  dry  places,  where  space  is  limited  the  distance  between 
wires  as  required  by  § 426  of  this  chapter  cannot  be  obtained,  each 
wire  must  be  separately  encased  in  approved  flexible  tubing  securely 
fastened  in  place. 

Collector  wires  must  be  supported  by  approved  insulators  so 
mounted  that  even  with  the  extreme  movement  permitted  the 
wires  will  be  separated  at  all  times  at  least  \}/2  inches  from  the 


ELECTRICAL  CONTROL 


81 


surface  wired  over.  Collector  wires  must  be  held  at  the  ends  by 
approved  strain  insulators. 

3.  Main  collector  wires  carried  along  the  runways  must  be  rigidly 
and  securely  attached  to  their  insulating  supports  at  least  every 
20  feet,  and  separated  at  least  6 inches  when  run  in  a horizontal 
plane;  if  not  run  in  a horizontal  plane,  they  must  be  separated  at 
least  8 inches.  If  spans  longer  than  20  feet  are  necessary  the  dis- 
tance between  wires  must  be  increased  proportionately,  but  in  no 
case  shall  the  span  exceed  40  feet. 

4.  Where  bridge  collector  wires  are  over  80  feet  long,  insulating 
supports  on  which  the  wires  may  loosely  lie  must  be  provided  at 
least  every  50  feet. 

Bridge  collector  wires  must  be  kept  at  least  2}/2  inches  apart,  but 
a greater  spacing  should  be  used  whenever  it  may  be  obtained. 

5.  Collector  wires  must  not  be  smaller  in  size  than  specified  in 
the  following  table  for  the  various  spans. 


Distance  between  Size  wire 

rigid  supports,  required 

feet.  B.  & S. 


0to30 6 

31  to  60 4 

Over  60 2 


b.  Collectors  must  be  so  designed  that  sparking  between  them 
and  collector  wires  will  be  reduced  to  a minimum. 

c.  Switches  and  cut-outs. 

1.  The  main  collector  wires  must  be  protected  by  a cut-out  and 
the  circuit  controlled  by  a switch.  Cut-out  and  switch  shall  be  so 
located  as  to  be  easy  of  access  from  the  floor. 

2.  Cranes  operated  from  cabs  must  have  a cut-out  and  switch 
connected  into  the  leads  from  the  main  collector  wires  and  so  located 
in  the  cab  as  to  be  readily  accessible  to  the  operator. 

3.  Where  there  is  more  than  one  motor  on  a single  crane,  each 
motor  lead  must  be  protected  by  a cut-out  located  in  the  cab  if  there 
is  one. 

d.  Controllers  must  be  installed  according  to  § 204  of  this  chapter, 
except  that  if  the  crane  is  located  out  doors  the  insulation  on  wires 
between  resistances  and  contact  plates  of  rheostats  must  be  rubber 
where  the  wires  are  exposed  to  moisture  and  insulation  is  necessary 
and  also  where  they  are  grouped.  If  the  crane  operates  over  readily 
combustible  material  the  resistances  must  be  placed  in  an  enclosure 
made  of  non-combustible  material,  thoroughly  ventilated  and  so 
constructed  that  it  will  not  permit  any  flame  or  molten  metal  to 
escape  in  the  event  of  burning  out  the  resistances.  If  the  resistances 
are  located  in  the  cab,  this  result  may  be  obtained  by  constructing 
the  cab  of  non-combustible  material  and  providing  sides  which  en- 
close the  cab  from  its  floor  to  a height  of  at  least  6 inches  above  the 
top  of  the  resistances. 

e.  The  motor  frames,  the  entire  frame  of  the  crane  and  the  tracks 
must  be  permanently  and  effectively  grounded. 


82 


CHAPTER  9 


§ 444.  Wires,  high  potential  systems. 

a.  High  potential  wires  must  have  an  approved  rubber-insulating 
covering. 

b.  High  potential  wires  must  be  always  in  plain  sight  and  never 
encased,  except  as  provided  for  in  § 208b  of  this  chapter,  or  where 
specially  required. 

c.  High  potential  wires  must,  except  as  provided  for  in  § 208  of 
this  chapter,  be  rigidly  supported  on  glass  or  porcelain  insulators, 
which  raise  the  wire  at  least  1 inch  from  the  surface  wired  over,  and 
must  be  kept  about  8 inches  apart. 

Rigid  supporting  requires,  under  ordinary  conditions,  where 
wiring  along  flat  surfaces,  supports  at  least  about  every  4J^  feet. 
If  the  wires  are  unusually  liable  to  be  disturbed,  the  distance  be- 
tween supports  must  be  shortened. 

In  buildings  of  mill  construction,  mains  of  not  less  than  No.  8 
B.  & S.  gauge,  where  not  liable  to  be  disturbed,  may  be  separated 
about  10  inches  and  run  from  timber  to  timber,  not  breaking  around, 
and  may  be  supported  at  each  timber  only. 

d.  High  potential  wires  must  be  protected  on  side  walls  from 
mechanical  injury  by  a substantial  boxing,  retaining  an  air  space  of 
1 inch  around  the  conductors,  closed  at  the  top  (the  wires  passing 
through  bushed  holes)  and  extending  not  less  than  7 feet  from 
the  floor.  When  crossing  floor  timbers,  in  cellars,  or  in  rooms  where 
they  might  be  exposed  to  injury,  wires  must  be  attached  by  their 
insulating  supports  to  the  under  side  of  a wooden  strip  not  less 
than  1^2  iiich  in  thickness. 

§ 445.  Transformers,  high  potential. 

a.  Transformers  must  not  be  placed  inside  buildings  without 
special  permission,  and  must  be  located  as  near  as  possible  to  the 
point  at  which  the  primary  wires  enter  the  building. 

b.  Transformers  must  be  placed  in  an  enclosure  constructed  of 
fire-resisting  material;  the  enclosure  to  be  used  only  for  this  purpose, 
and  to  be  kept  securely  locked,  and  access  to  the  same  allowed  only 
to  responsible  parties. 

c.  The  transformer  case  must  be  permanently  and  effectually 
grounded,  and  the  enclosure  in  which  the  transformers  are  placed 
must  be  practically  air-tight,  except  that  it  must  be  thoroughly 
ventilated  to  the  outdoor  air,  if  possible,  through  a chimney  for 
flue.  There  should  be  at  least  6 inches  air  space  on  all  sides  of  the 
transformer. 

§ 447.  Primary  wires  must  not  be  brought  into  or  over  buildings, 
except  power  stations,  sub-stations  and  transformer  vaults. 

§ 448.  Secondary  wires  must  be  installed  under  rules  for  high- 
potential  systems  when  their  immediate  primary  wires  carry  a 
current  at  a potential  of  over  3,500  volts,  unless  the  primary  wires 
are  installed  in  accordance  with  the  requirements  of  article  3 of 
this  chapter  or  are  entirely  underground. 


ELECTRICAL  CONTROL 


S3 


Article  5. — Fittings^  Materials  and  Details  of  Construction. 
Section  549.  Insulated  wires,  general  rules. 

550.  Rubber-covered  wire. 

551.  Slow-burning  weatherproof  wire. 

552.  Slow-burning  wire. 

553.  Weatherproof  wire. 

554.  Flexible  cords. 

555.  Fixture  wire. 

556.  Conduit  wire. 

557.  Armored  cable  and  cord. 

558.  Metal  conduits. 

559.  Outlet,  junction  and  flush  switch  boxes. 

560.  Metal  mouldings. 

561.  Tubes  and  bushings. 

562.  Cleats. 

563.  Flexible  tubing. 

564.  Knobs. 

565.  Switches. 

566.  Circuit  breakers. 

567.  Cut-outs. 

568.  Fuses. 

569.  Panel  boards. 

570.  Cabinets. 

571.  Rosettes. 

572.  Sockets. 

573. 

574.  Arc  lamps. 

575.  Spark  arresters. 

576.  Insulating  joints. 

577.  Fixtures. 

578.  Rheostats,  resistance  boxes  and  equalizers. 

579.  Auto-starters. 

580.  Reactive  coils  and  condensers. 

581.  Transformers. 

582.  Lightning  arresters. 

583.  Electric  signs  (for  low  potential  systems  only). 

Section  549.  Insulated  wires,  general  rules. 

a.  Copper  for  insulated  solid  conductors  of  No.  4 B.  & S.  gauge 
and  smaller  must  not  vary  in  diameter  more  than  .002  of  an  inch 
from  the  standard.  On  solid  sizes  larger  than  No.  4 B.  & S.  gauge 
the  diameter  shall  not  vary  more  than  1 per  cent,  from  the  specified 
standard.  The  conductivity  of  solid  conductors  shall  not  be  less 
than  97  per  cent,  of  that  of  pure  copper  of  the  specified  size.  In 
all  stranded  conductors  the  sum  of  the  circular  mils  of  the  individual 
wires  shall  not  be  less  than  the  nominal  circular  mils  of  the  strand 
by  more  than  13^  per  cent.  The  conductivity  of  the  individual  wires 
in  a strand  shall  not  be  less  than  is  given  in  the  following  table, 
which  applies  to  tinned  conductors  (B.  & S.  gauge): 


84 


CHAPTER  9 


No.  14  B.  (fe  S.  gauge  and  larger 97.0  per  cent. 

No.  15 96.8  per  cent. 

No.  16 96.6  per  cent. 

No.  17 96.4  per  cent. 

No.  18 96.2  per  cent. 

No.  19 96.0  per  cent. 

No.  20 95.8  per  cent. 

No.  21 95.6  per  cent. 

No.  22 95.4  per  cent. 

No.  23 95.2  per  cent. 

No.  24 95.0  per  cent. 

No.  25 94.8  per  cent. 

No.  26 94.6  per  cent. 

No.  27 94.4  per  cent. 

No.  28 94.2  per  cent. 

No.  29 94.0  per  cent. 

No.  30 93.8  per  cent. 


The  standard  for  diameters  and  mileages  shall  be  that  adopted  by 
the  American  Institute  of  Electrical  Engineers.  If  splices  are  made 
in  solid  conductors  or  in  the  individual  wires  of  stranded  conductors, 
they  must  be  made  in  a workmanlike  manner  and  so  as  not  to  in- 
crease the  diameter  of  the  conductor  or  individual  wire  or  lessen 
the  mechanical  strength  thereof.  Joints  or  splices  in  stranded  con- 
ductors, as  a whole,  must  be  made  only  by  separately  joining  each 
individual  wire  as  described  above,  and  the  overall  diameter  of  the 
entire  stranded  conductor  must  not  be  increased  thereby. 

b.  Wires  and  cables  of  all  kinds  designed  to  meet  the  following 
specifications  must  have  a distinctive  marking  the  entire  length  of 
the  coil  so  that  they  may  be  readily  identified  in  the  field.  They 
must  also  be  plainly  tagged  or  marked  as  follows: 

1.  The  maximum  voltage  at  which  the  wire  is  designed  to  be  used; 

2.  The  words  ^‘National  Electrical  Code  Standard 

3.  Name  of  the  manufacturing  company  and,  if  desired,  trade 
name  of  the  wire; 

4.  Month  and  year  when  manufactured; 

5.  The  proper  type  letter  for  the  particular  style  of  wire  or  cable 
as  given  for  each  type  of  insulation  in  §§  550  to  557  of  this  chapter, 
inclusive. 

Wires  described  under  § 553  of  this  chapter  need  not  have  the 
distinctive  marking,  but  are  to  be  tagged. 

§ 550.  Rubber-covered  wire. 

a.  Copper  for  conductors  must  be  thoroughly  tinned. 

b.  The  insulation  must  consist  of  a rubber  compound,  homo- 
geneous in  character,  adhering  to  the  conductor  or  to  the  separator, 
if  one  is  used,  and  of  a thickness  not  less  than  that  given  in  the 
tables  of  paragraphs  e and  f of  this  section.  Measurements  of  insu- 
lating wall  are  to  be  made  at  the  thinnest  portion  of  the  dielectric. 

c.  Any  1 foot  sample  of  completed  covering  must  show  a dielectric 
strength  sufficient  to  resist  throughout  5 minutes  the  application  of 
an  electro-motive  force  proportionate  to  the  thickness  of  insulation 
in  accordance  with  the  following  table: 


ELECTRICAL  CONTROL 


S5 


Thickness 

Breakdown  test 

in  64-ths  inch. 

on  1 foot. 

1  3,000  volts  A.  C. 

2  6,000  volts  A.  C. 

3  9,000  volts  A.  C. 

4  11,000  volts  A.  C. 

5  13,000  volts  A.  C. 

6  15,000  volts  A.  C. 

7  16,500  volts  A.  C. 

8  18,000  volts  A.  C. 

10 21,000  volts  A.  C. 

12 23,500  volts  A.  C. 

14 26,000  volts  A.  C. 

16 28,000  volts  A.  C. 


The  source  of  alternating  electro-motive  force  shall  be  a trans- 
former of  at  least  1 kilowatt  capacity.  The  application  of  the  electro- 
motive force  shall  first  be  made  at  3,000  volts  for  5 minutes,  then 
the  voltage  increased  by  steps  of  not  over  3,000  volts,  each  held  for 
5 minutes,  until  the  rupture  of  the  insulation  occurs.  The  tests 
for  dielectric  strength  shall  be  made  on  a sample  wire  which  has  been 
immersed  in  water  for  72  hours.  One  foot  of  the  wire  under  test  is 
to  be  submerged  in  a conducting  liquid  held  in  a metal  trough,  one 
of  the  transformer  terminals  being  connected  to  the  copper  of  the 
wire  and  the  other  to  the  metal  of  the  trough. 

d.  Every  length  of  completed  wire  or  cable  must  be  tested  after 
not  less  than  12  hours  immersion  in  water  and  while  still  immersed 
by  the  application  for  1 minute  of  an  alternating  current  voltage 
derived  from  apparatus  of  ample  capacity,  the  test  voltages  to  be 
those  given  in  the  tables  of  paragraphs  e and  f of  this  section. 

After  this  voltage  test  every  length  of  completed  wire  or  cable 
while  still  immersed  must  show  an  insulation  resistance  after  1 
minute  electrification  not  less  than  the  values  given  in  paragraphs  e 
and  f of  this  section. 

Any  length  of  completed  wire  or  cable  may  be  tested  during  30 
days’  immersion  in  water  and  rnust  show  not  less  than  50  per  cent, 
of  the  insulation  resistance  required  after  the  12  hours’  immersion. 

The  results  of  insulation  test  at  different  temperatures  to  be  re- 
duced to  a basis  of  60  degrees  F.  (15.5  degrees  C.)  by  using  the 
multipliers  in  the  following  table: — 


86 


CHAPTER  9 


Temp., 
degs.  Fahr. 

Multiplier. 

50-52 

.63 

53-55 

.75 

56-58 

.86 

59-61 

1.00 

62-64 

1.16 

65-67 

1.34 

68-70 

1.55 

71-73 

1.80 

74-76 

2.08 

77-79 

2.40 

80-82 

2.78 

83-85 

3.22 

e.  Thickness  of  insulation,  voltage  tests  and  minimum 

insulation 

resistance  to  be  in 

accordance  with  the  following  tables. 

The  volt- 

age  tests  are  to  be  for  1 minute.  The  insulation  resistances  are  after 

1 minute  electrification  and  at  60  degrees  Fahr.  (15.5  C.). 

Tests  on  completed  lengths  0 to  600  volt  classes.  Type  letters  R.  S. 

Thickness 

Megohms  per 

Voltage 

Size. 

in  64-ths 

mile  after  12 

test,  one 

inch. 

hrs.  immersion. 

minute. 

14 

3-64 

300 

1,500 

12 

3-64 

250 

tc 

10 

3-64 

225 

it 

8 

3-64 

200 

it 

6 

1-16 

200 

2,000 

4 

1-16 

150 

it 

2 

1-16 

125 

it 

1 

5-64 

150 

2,500 

0 

5-64 

125 

a 

00 

5-64 

125 

it 

000 

5-64 

100 

it 

0000 

5-64 

100 

a 

225,000  c.  m. . . . 

3-32 

100 

3,000 

300,000  .... 

3-32 

100 

it 

400,000  “ 

3-32 

100 

a 

500,000  .... 

3-32 

100 

it 

600,000  .... 

7-64 

100 

3,500 

700,000  .... 

7-64 

100 

a 

800,000  .... 

7-64 

100 

it 

900,000  .... 

7-64 

100 

ti 

1,000,000  .... 

7-64 

100 

a 

1,250,000  .... 

1-8 

100 

it 

1,500,000  .... 

1-8 

75 

3,500 

1,750,000  . . . . 

1-8 

60 

it 

2,000,000  “ . . . . 

1-8 

50 

it 

f.  Tests  on  completed  lengths,  601  to  7,000  volt  classes. 


Max.  operating  voltage,  1,500.  Type  letters  R.  S. — 15. 


Thick. 

Ins.  res. 

Volts 

Size. 

ins. 

meg. 

test. 

B.  & S.  gauge. 


14-8 

1-16 

600 

4,000 

7-2 

5-64 

300 

u 

1-0000 

3-32 

200 

u 

C.  M. 

225,000-500,000 

7-64 

175 

1 ( 

525,000-1,000,000 

1-8 

150 

u 

Over  1,000,000 

9-64 

100 

u 

Max.  operating  voltage,  2,500. 

Type  letters  R.  S.- 

-25. 

Thick. 

Ins.  res. 

Volts 

Size. 

ins. 

meg. 

test. 

B.  & S.  gauge. 

14-8 

3-32 

700 

6,250 

7-2 

3-32 

350 

u 

1-0000 

7-64 

250 

u 

C.  M. 

225,000-500,000 

1-8 

200 

a 

525,000-1,000,000 

9-64 

175 

u 

Over  1,000,000 

10-64 

125 

ii 

Max.  operating  voltage,  3,500. 

Type  letter  R.  S.- 

-35. 

Thick. 

Ins.  res. 

Volts 

Size. 

ins. 

meg. 

test. 

B.  & S.  gauge. 

14-8 

4-32 

850 

8,750 

7-2 

4-32 

450 

1-0000 

4-32 

300 

({ 

C.  M. 

225,000-500,000 

9-64 

225 

u 

525,000-1,000,000 

10-64 

200 

u 

Over  1,000,000 

11-64 

150 

u 

Max.  operating  voltage,  5,000. 

Type  letter  R.  S.- 

-50. 

Thick. 

Ins.  res. 

Volts 

Size. 

ins. 

meg. 

test. 

B.  & S.  gauge. 


14-8 

6-32 

1,000 

12,500 

7-2 

6-32 

650 

(( 

1-0000 

6-32 

450 

<( 

C.  M. 

225,000-500,000 

6-32 

300 

a 

525,000-1,000,000 

6-32 

225 

u 

Over  1,000,000 

7-32 

175 

n 

S8 


CHAPTER  9 


Max.  operating  voltage,  7,000.  Type  letter  R.  S. — 70. 


Thick.  Ins.  res.  Volts 
Size.  ins.  meg . test. 


B.  & S.  gauge. 


14-8 8-32  1,200  17,500 

7-2 8-32  800 

1-0000 8-32  550 


C.  M. 

225.000- 500,000 8-32  400 

525.000- 1 ,000,000 8-32  275 

Over  1,000,000 9-32  200 


g.  All  physical  tests  to  be  made  at  a temperature  between  60 
degrees  and  90  degrees  Fahrenheit.  All  test  samples  to  be  kept  at 
a temperature  within  this  range  for  at  least  2 hours  before  the  tests 
are  made. 

1.  The  rubber  compound  or  other  approved  insulation  must  be 
sufficiently  elastic  to  comply  with  a test  made  as  follows: 

A sample  of  wire  about  20  inches  long  shall  have  the  braid  and 
insulation  removed  for  about  2 inches  at  each  end,  leaving  the  braid 
and  insulation  on  balance  of  sample.  One  end  of  the  bare  copper 
should  be  fastened  to  a clamp  on  a shaft  of  the  diameter  given  below, 
and  a weight  as  given  below  attached  to  the  other  end  of  the  bare 
copper  wire.  The  shaft  shall  then  be  revolved  10  times  in  10  seconds, 
wrapping  the  sample  in  a close  wind  around  the  shaft.  With  the 
tension  left  on  the  sample,  it  should  then  be  immersed  in  water  for 
24  hours,  immediately  after  which  it  should,  while  still  immersed, 
be  subjected  to  1,500  volts  alternating  current  for  1 minute. 


B.  &S. 

Mils. 

Lbs. 

Diam.  of  shaft 

No.  14  wire 

170 

weight  10 

it  it 

12 

190 

10 

it  {( 

10 

275 

10 

a a 

8 

375 

15 

2.  Any  rubber  compound  used  as  insulation  shall  be  tested  for 
permanent  set,  elongation  and  tensile  strength  as  follows: 

New  wire. — A test  piece  taken  from  the  wire,  having  insulation 
less  than  5-64  inch  thick,  shall  have  marks  placed  2 inches  apart, 
and  shall  be  stretched  longitudinally  at  the  rate  of  12  inches  per 
minute  till  the  marks  are  5 inches  apart,  and  then  be  immediately 
released  and  a measurement  taken  30  seconds  thereafter,  when  the 
distance  between  the  marks  must  not  exceed  2.5  inches.  The  test 

Eiece  shall  then  be  stretched  until  the  marks  are  6 inches  apart 
efore  rupture.  The  tensile  strength  shall  not  be  less  than  400  lbs. 
per  square  inch,  calculated  upon  the  original  cross  section  of  the 
test  piece  before  stretching.  Test  pieces  from  wire  having  insulation 
5-64  inch  thick  or  over  shall  be  tested  in  a similar  manner,  but 
shall  be  stretched  to  4 inches  instead  of  5 inches,  and  must  not 


ELECTRICAL  CONTROL 


89 


break  until  stretched  5 inches,  and  shall  have  a tensile  strength  of 
400  lbs.  per  square  inch. 

Wire  tested  at  any  time  up  to  one  year  from  date  of  manufac- 
ture or  to  time  of  installation. — A test  piece  taken  from  wire  having 
insulation  less  than  5-64  inch  thick  shall  have  marks  placed  2 inches 
apart,  and  shall  be  stretched  longitudinally  at  the  rate  of  12  inches 
per  minute  till  the  marks  are  4 inches  apart,  and  then  be  immedi- 
ately released  and  a measurement  taken  30  seconds  thereafter,  when 
the  distance  between  the  marks  must  not  exceed  2.5  inches.  Test 
pieces  from  wire  having  insulation  5-64  inch  or  over  shall  be  stretched 
to  33^  inches  instead  of  four  inches. 

h.  All  of  the  above  insulations  must  be  protected  by  a substan- 
tial braided  covering,  properly  saturated  with  a preservative  com- 
pound. This  covering  must  be  sufficiently  strong  to  withstand  all 
the  abrasions  likely  to  be  met  with  in  practice,  and  all  wire  must 
substantially  conform  to  approved  samples  submitted  by  the  manu- 
facturer. 

j.  Lead  covered  wires  and  cables  for  interior  work  only.  (Type 
letters  R.  S.  L.)  Except  for  armored  cables.  (Type  letter  A.  C.) 
The  thickness  of  insulating  wall  of  lead  sheath  rubber  insulated  con- 
ductors, 0-600  volts,  to  be  the  same  as  for  braided  cables,  all  cables 
to  be  covered  with  a compound  filled  tape  or  braid  over  the  insulat- 
ing wall.  There  shall  be  a tape  or  braid  over  the  bunched  conduc- 
tors except  where  the  conductors  are  laid  parallel  and  not  twisted. 
If  braid  is  used,  it  shall  be  of  such  a thickness  as  to  increase  the  re- 
quired diameter  over  the  insulating  wall  by  at  least  1-32  inch,  and 
must  comply  with  the  requirements  for  braid  on  braided  conductors. 

If  tape  is  used  it  must  not  be  less  than  1-64  inch  thick  and  must 
lap  at  least  of  its  width.  The  width  of  the  tape  used  should  not 
exceed  twice  the  square  root  of  the  diameter  of  the  conductor  over 
the  insulating  wall;  i.  e.,  500,000  c.  m.  3-32  rubber,  tape  not  to 
exceed  2 inches  in  width;  No.  14,  3-64  rubber,  tape  should  not  exceed 
0.8  inch  in  width. 

The  lead  on  single  conductor  cables,  0-600  volt  class,  sizes  2 
B.  & S.  and  smaller,  both  solid  and  stranded,  to  be  not  less  than 
the  thickness  of  rubber  called  for  by  paragraph  e of  this  section.  On 
larger  sizes  the  thickness  of  lead  to  be  not  less  than  the  thickness  of 
insulating  wall  called  for,  less  1-64  inch;  i.  e.,  thickness  of  lead  on 
No.  2,  1-16  inch;  on  1,000,000  c.  m.,  3-32  inch.  On  multiple  con- 
ductor cables,  thickness  of  lead  to  be  that  called  for  by  single  con- 
ductor, having  same  diameter  over  the  insulation  as  the  multiple 
conductor  cable  has  over  the  bunched  insulated  conductors. 

Rubber  insulated  and  lead  sheathed  cables,  601  to  7,000  volt 
classes  inclusive  (Type  letters  R.  S.  L.  15,  R.  S.  L.  25,  etc.)  shall 
comply  with  paragraph  f of  this  section  and  the  lead  sheath  shall  be 
the  same  as  called  for  in  0-600  volt  class,  having  same  diameter 
under  the  lead  as  601-7,000  volt  conductor.  The  elect:^cal  test  on 
finished  cables  shall  be  the  same  as  on  braided  cables. 

§ 551.  Slow-burning  weatherproof  wire.  (Type  letters,  S.  B.  W.) 

a.  The  insulation  must  consist  of  two  coatings,  one  to  be  fireproof 
in  character  and  the  other  to  be  weatherproof.  The  fireproof  coat- 
ing must  be  on  the  outside  and  must  comprise  about  6-10  of  the 


90 


CHAPTER  9 


total  thickness  of  the  wall.  The  completed  covering  must  be  of  a 
thickness  not  less  than  that  given  in  the  following  table: — 


B.  & S.  gauge.  Thickness. 

14  to  8 3-64  inch. 

7 to  2 1-16  '' 

1 to  0000 5-64 

Circular  Mils. 

250.000  to  500,000 3-32 

500.000  to  1,000,000 7-64 

Over  1,000,000 1-8 


Measurements  of  insulating  wall  are  to  be  made  at  the  thinnest 
portion. 

b.  The  fireproof  coating  shall  be  of  the  same  kind  as  that  required 
for  slow-burning  wire,  and  must  be  finished  with  a hard,  smooth 
surface. 

c.  The  weatherproof  coating  shall  consist  of  a stout  braid,  ap- 
plied and  treated  as  required  for  weatherproof  wire. 

§ 552.  Slow-burning  wire.  (Type  letters,  S.  B.) 

a.  The  insulation  must  consist  of  3 braids  of  cotton  or  other 
thread,  all  the  interstices  of  which  must  be  filled  with  the  fireproofing 
compound  or  with  material  having  equivalent  resisting  and  insulat- 
ing properties.  The  outer  braid  must  be  specially  designed  to  with- 
stand abrasion,  and  its  surface  must  be  finished  smooth  and  hard. 
The  compound  covering  must  be  of  a thickness  not  less  than  given 
in  the  table  in  § 551a  of  this  chapter. 

§ 553.  Weatherproof  wire.  (Type  letters,  W.  P.) 

a.  The  insulating  covering  shall  consist  of  at  least  3 braids,  all 
of  which  must  be  thoroughly  saturated  with  a dense  moisture-proof 
compound,  applied  in  such  a manner  as  to  drive  any  atmospheric 
moisture  from  the  cotton  braiding,  thereby  securing  a covering  to 
a great  degree  waterproof  and  of  high  insulating  power.  This  com- 
pound must  not  drip  at  160  degrees  Fahrenheit  (71  degrees  Centi- 
grade). The  thickness  of  insulation  must  not  be  less  than  that 
given  in  the  table  in  § 551a  of  this  chapter,  and  the  outer  surface 
must  be  thoroughly  slicked  down. 

§ 554.  Flexible  Cords. 

a.  Cords  for  pendant  lamps  and  for  portable  use,  including  eleva- 
tor, lighting  and  control  cables,  and  theatre  stage  and  border  cable, 
must  be  made  of  copper  conductors,  each  built  up  from  wires  not 
larger  than  No.  26,  or  smaller  than  No.  36  B.  & S.  gauge.  Each 
conductor  must  have  a carrying  capacity  not  less  than  that  of  a 
No.  18  B.  & S.  gauge  wire,  and  must  be  covered  by  an  approved 
insulation  and  protected  from  mechanical  injury  according  to  the 
specifications  of  paragraph  c of  this  section,  for  the  several  types  of 
cord  or  cable.  Each  conductor  must  be  covered  with  a tight,  close 
wind  of  fine  cotton,  or  some  other  approved  method  must  be  em- 
ployed to  prevent  a broken  strand  puncturing  the  insulation,  and 
must  comply  with  the  requirements  of  § 549  of  this  chapter. 

b.  The  insulating  covering  on  each  conductor  must  be  of  a rubber 
compound,  homogeneous  in  character,  and  must  comply  with  § 550, 


ELECTRICAL  CONTROL 


91 


c and  g of  this  chapter  and  must  have  a thickness  of  wall  not  less 
than  that  given  in  the  following  table: — 


B.  & S.  gauge. 

Thickness 
in  inches. 

18  and  16 ...  . 
14 

1-32 

3-64 

For  exception  for  special  reinforced  cord  (Type  letters  P.  S.)  see 
§ 554  of  this  chapter. 

The  completed  cord  shall  be  subject  to  a 1 minute  test  between 
conductors  of  1,000  volts  for  1-64  inch  insulation,  2,000  volts  for 
1-32  inch  insulation  and  2,500  volts  for  3-64  inch  insulation. 

The  insulating  coverings  in  the  above  tests  shall  be  sufficient  to 
resist  puncture  or  breakdown.  The  source  of  electro-motive  force 
shall  be  the  same  as  that  specified  in  § 550c  of  this  chapter. 

c.  Cords  of  the  several  types  must  comply  with  the  specifications 
of  the  following  table  with  respect  to  their  outer  protective  coverings 
and  must  comply  with  the  special  rules  indicated  in  the  last  column 
of  the  table. 

Use. 

Type 

letter. 

Trade  name. 

Pendants — dry  places C 

Pendants — damp  places CB 

CC 

Portable — dry  places P 

PO 

PS 

CA 

PA 

Portable — damp  places PWp 

PkWp 

PAWp 

Theatre  stages T 

Theatre  borders B 

Elevator  lighting  and  control.  . . E 

Lamp  cord 

Brewery  cord 

Canvasite  cord 

Reinforced  cord 

Parallel  cord 

Special  reinf . cord 

Armored  cord 

Armored  reinf.  cord 

Reinforced  cord  Wp 

Packinghouse  cord 

Armored  reinf.  cord  Wp 

Stage  cable 

Border  light  cable 

Elevator  cable 

92 


CHAPTER  9 


For 

additional 

Braid  on  each  Reinforcement  Outer  cover.  rules  in  this 

conductor.  or  filler.  chapter 

see 


Glazed  cotton 


or  silk 

Cotton  Wp.  . 
Cotton  Wp.  . 

Cotton 

Cotton 

Rubber  jacket 

Cotton 

Rubber  jacket 

Cotton 

Cotton 

Rubber  jacket 

Cotton 

Rubber  jacket 

Cotton 

Filler 

Cotton 

Rubber  jacket 

Cotton  Wp . . 

Filler 

Cotton  Wp . . 

Cotton 

Rubber  jacket 

and  or 


§ 554d 

§ 554d 

Cotton  Wp § 554d 

Glazed  cotton  or  silk 

Glazed  cotton  or  silk. . . § 554e 

Glazed  cotton  or  silk ...  § 554f 

Armor § 554g 

Glazed  cotton  and  armor  § 554g 

Cotton  Wp 

2 Cotton,  both  Wp . . . . § 554h 

Cotton  Wp.  and  armor.  § 554g 
2 Cotton,  both  Wp ....  § 554i 

2 Cotton,  both  Wp ....  § 554j 

1 or  more  cotton,  both 

Wp § 554k 

3 Cotton,  outer  one  Wp 


d.  (Type  letters  C,  CB  and  CC.)  In  these  classes  are  to  be  in- 
cluded all  flexible  cords,  which  under  usual  conditions  hang  freely, 
and  which  are  not  likely  to  be  moved  sufficiently  to  come  in  contact 
with  surrounding  objects. 

It  should  be  noted  that  pendant  lamps  provided  with  long  cords 
so  that  they  can  be  carried  about  or  hung  over  nails,  or  on  machinery, 
etc.,  are  not  included  in  this  class,  even  though  they  are  usually 
allowed  to  hang  freely  in  air. 

e.  (T}^e  letters  PO.)  These  cords  are  for  use  only  in  offices, 
dwellings  or  similar  places,  where  cord  is  not  liable  to  rough  usage 
and  where  appearance  is  an  essential  feature. 

The  conductors  may  be  either  laid  parallel  or  twisted  together. 

f.  (Type  letters  PS.)  These  cords  are  for  use  only  in  offices,  dwell- 
ings or  similar  places  where  cord  is  not  liable  to  rough  usage  and 
where  appearance  is  an  essential  feature. 

These  cords  may  be  made  only  with  conductors  of  No.  18  or  No.  16 
B.  & S.  gauge  and  may  have  the  insulating  covering  on  each  con- 
ductor not  less  than  1-64  inch  in  thickness. 

g.  (Type  letters  CA,  PA,  PAWp.)  For  the  construction  of  the 
armor  see  § 557  of  this  chapter. 

h.  (Type  letters  PkWp.)  In  the  outer  cover  tape  may  be  sub- 
stituted for  the  inner  braid. 

i.  (Type  letter  T.)  Theatre  cables  shall  consist  of  not  more  than 
3 conductors,  each  of  a capacity  not  exceeding  No.  4 B.  & S.  gauge. 
These  conductors  must  be  twisted  together  and  a filler  of  approved 
material  must  be  used  to  make  the  cable  round  and  to  act  as  a 
cushion. 

In  the  outer  covering  tape  ma}^  be  substituted  for  the  inner  braid. 


ELECTRICAL  CONTROL 


93 


The  insulating  covering  on  each  conductor  of  No.  6 to  No.  4 B.  & S. 
gauge  must  be  not  less  than  1-16  inch  in  thickness. 

The  completed  cable  must  be  of  such  a flexible  nature  as  to  be 
readily  handled  and,  when  laid  on  the  floor,  must  align  itself  to  the 
floor  level. 

j.  (Type  letter  B.)  In  the  outer  cover  tape  may  be  substituted 
for  the  inner  braid. 

The  conductors  must  be  cabled  together. 

k.  (Type  letter  E.)  Conductors  for  elevator  lighting  cables 
shall  not  be  smaller  than  No.  14  B.  & S.  gauge  and  for  elevator  con- 
trol cables  not  smaller  than  No.  16  B.  & S.  gauge. 

In  the  outer  cover  tape  may  be  substituted  for  one  of  the  inner 
braids. 

L.  For  portable  heating  apparatus. — (Type  letter  H.)  Applies  to 
all  smoothing  and  sad  irons  and  to  any  other  heating  device  requir- 
ing over  250  watts.  The  flexible  conductors  must  be  made  up  as 
follows: 

l.  Conductors  must  comply  with  paragraph  a of  this  section, 
or  may  be  of  braided  copper.  If  braided,  each  wire  to  be  not  larger 
than  No.  30  or  smaller  than  No.  36  B.  & S.  gauge,  except  for  con- 
ductors having  a greater  carrying  capacity  than  No.  12  B.  & S. 
gauge,  when  each  wire  may  be  as  large  as  No.  28  B.  & S.  gauge. 

2.  An  insulating  covering  of  rubber  or  other  approved  material 
not  less  than  1-64  inch  in  thickness. 

3.  A braided  covering  not  less  than  1-32  inch  thick,  composed  of 
long  fibre  asbestos  and  having  not  over  10  per  cent,  of  carbon  by 
weight. 

4.  An  outer  reinforcing  covering  not  less  than  1-64  inch  thick, 
especially  designed  to  resist  abrasion,  must  enclose  either  all  the 
conductors  as  a whole  or  each  conductor  separately. 

5.  The  completed  cord  shall  be  subjected  to  a 1 minute  test  be- 
tween conductors  of  1,500  volts,  and  must  resist  puncture  or  break- 
down when  so  tested,  the  source  of  electro-motive  force  to  be  the 
same  as  that  specified  in  § 550  of  this  chapter. 

g.  Elevator  lighting  and  control  cables  (Type  letter  E). — Must 
comply  with  the  requirements  for  theatre  cable  as  regards  insulation 
proper  and  the  construction  and  covering  of  the  individual  conduc- 
tors, except  that  none  of  these  conductors  shall  be  smaller  than  No.  14 
B.  & S.  gauge  for  elevator  lighting  cables,  or  No.  16  for  elevator 
control  cables.  The  outer  covering  shall  consist  either  of  3 braids 
or  of  an  extra  layer  of  rubber  and  one  or  more  outer  braids.  All 
braids  must  be  properly  treated  with  a preservative  compound. 

§ 555.  Fixture  wire. 

a.  Fixtures  may  be  wired  with  approved  flexible  cord  (see  § 554, 
a to  c,  of  this  chapter)  or  with  approved  rubber  covered  wire  No.  14 
B.  & S.  gauge,  or  larger  (see  § 550  of  this  chapter). 

In  wiring  certain  designs  of  show-case  fixtures,  ceiling  bulls-eyes 
and  similar  appliances  in  which  the  wiring  is  exposed  to  tempera- 
tures in  excess  of  120  degrees  Fahrenheit  (49  degrees  Centigrade), 
from  the  heat  of  the  lamps,  slow-burning  wire  must  be  used  (see 
§ 552  of  this  chapter).  All  such  forms  of  fixtures  must  be  submitted 
for  examination,  test  and  approval  before  being  introduced  for  use. 


94 


CHAPTER  9 


For  other  wires  for  use  in  fixtures  the  following  rules  apply  (Type 
letters  F-64  and  F-32) : 

b.  Copper  may  be  made  of  solid  or  stranded  conductors,  with  no 
strands  smaller  than  No.  30  B.  & S.  gauge,  and  must  have  a carrying 
capacity  not  less  than  that  of  a No.  18  B.  & S.  gauge  wire. 

c.  Solid  conductors  must  be  thoroughly  tinned.  If  a stranded 
conductor  is  used,  it  must  be  covered  by  a tight,  close  wind  of  fine 
cotton,  or  some  other  approved  method  must  be  employed  to  pre- 
vent a broken  strand  puncturing  the  insulation,  and  must  comply 
with  the  requirements  of  § 449  of  this  chapter. 

d.  The  insulation  on  each  conductor  must  consist  of  a rubber 
compound,  homogeneous  in  character,  adhering  to  the  conductor  or 
to  the  separator,  if  one  is  used,  and  not  less  than  1-64  inch  in  thick- 
ness for  No.  18  B.  & S.  gauge  wire  and  not  less  than  1-32  inch  for 
No.  16  B.  & S.  gauge. 

e.  The  insulation  must  be  protected  with  a covering  or  braid  at 
least  1-64  inch  in  thickness,  sufficiently  tenacious  to  withstand  the 
abrasion  of  being  pulled  into  the  fixture,  and  sufficiently  elastic  to 
permit  the  wire  to  be  bent  around  a cylinder  of  twice  the  diameter 
of  the  wire  without  injury  to  the  braid. 

f.  Fixture  wire  must  successfully  withstand  the  tests  specified  in 
§ 550,  c and  g,  of  this  chapter. 

§ 556.  Conduit  wire.  (Type  letters  R.  D.) 

a.  Single  wire  for  conduits  must  comply  with  the  requirements 
of  § 550  of  this  chapter  (except  that  tape  may  be  substituted  for 
braid),  and  in  addition  there  must  be  a second  outer  fibrous  cover- 
ing at  least  1-32  inch  in  thickness  for  wires  larger  than  No.  10  B.  & S. 
gauge  and  at  least  1-64  inch  in  thickness  for  wires  No.  10  B.  & S. 
gauge  or  less  in  size;  this  fibrous  covering  to  be  sufficiently  tenacious 
to  withstand  the  abrasion  of  being  hauled  through  the  metal  conduit. 

b.  For  twin  or  duplex  wires  in  conduit,  each  conductor  must 
comply  with  the  requirement  of  § 550  of  this  chapter  (except  that 
tape  may  be  substituted  for  braid),  and  in  addition  there  must  be 
a second  outer  fibrous  covering,  at  least  1-32  of  an  inch  in  thickness 
for  wires  larger  than  No.  10  B.  & S.  gauge,  and  at  least  1-64  of  an 
inch  in  thickness  for  wires  No.  10  B.  & S.  gauge  or  less  in  size;  this 
fibrous  covering  to  be  sufficiently  tenacious  to  withstand  the  abra- 
sion of  being' hauled  through  the  metal  conduit. 

c.  For  concentric  wire,  the  inner  conductor  must  comply  with  the 
requirements  of  § 550  of  this  chapter  (except  that  tape  may  be  sub- 
stituted for  braid),  and  there  must  be  outside  the  outer  conductor 
the  same  insulation  as  on  the  inner,  the  whole  to  be  covered  with  a 
substantial  braid,  which  must  be  at  least  1-32  of  an  inch  in  thick- 
ness and  sufficiently  tenacious  to  withstand  the  abrasion  of  being 
hauled  through  the  metal  conduit. 

d.  The  braids  or  tapes  called  for  in  paragraphs  a,  b and  c of  this 
section  must  be  properly  saturated  with  a preservative  compound. 

§ 557.  Armored  cable  and  cord.  (Type  letters  AC,  CA,  PA  and 
PAWp.) 

a.  The  armored  cable  or  cord  must  be  so  flexible  that  it  may  be 
bent  in  a curve,  the  inner  edge  of  which  has  a radius  equal  to  4 times 
the  outside  diameter  of  the  armor,  without  injury  to  the  cable  or 


ELECTRICAL  CONTROL 


95 


cord  contained  therein,  and  without  opening  up  the  arm  or  at  any 
point  sufficiently  to  expose  the  cable  or  cord. 

The  armored  cable  or  cord  must  be  of  such  design  that  after  a 
3-foot  sample  has  been  subjected  to  a tension  of  100  pounds  for  1 
minute  the  armor  will  not  be  permanently  elongated  more  than 
3 inches,  and  after  a 3-foot  sample  with  conductor  removed  has  been 
subjected  to  a tension  of  150  pounds  for  1 minute  the  armor  will 
not  be  opened  up  at  any  point. 

Strips,  if  used  in  forming  the  armor,  must  have  a thickness  at 
least  as  great  as  is  given  in  the  following  table.  For  armors  of  other 
forms  an  equivalent  wall  construction  must  be  provided. 

Size  of  conductors  B and  S gauge. 


Thickness 
of  strip. 

Type  letter  Single  cond. 
of  wire.  cable. 

Double 

cond. 

cable. 

Triple 

cond. 

cable. 

Test 

voltage. 

Armored  cord 
.025.  . . . 

C 

18,  16,  14 

1 

[ 500 

.025.  . . . 

P or  PWp 

18,  16 

1 

.034.  . . . 

P or  PWp 

14 

J 

Armored  cable — 
.025...  RD 

14,  12,  10,  8 

i 

[ 1,000 

RSL 

14,  12,  10,  8 

.034.  . . . 

RD 

6,  4,  2, 

14,  12,  10 

14, 12, 10  j 

[ 1,000 

RSL 

6,4 

14,  12 

14  ! 

.040.  . . . 

RD 

1 

8,  6,  4 

8, 6 1 

[ 1,000 

RSL 

2,  1 

10,  8,  6 

12,  10,  8 ! 

The  weight  of  the  single  strip  armor,  if  of  steel,  must  be  not  less 
than  87  per  cent,  of  the  weight  of  a solid-walled  steel  tube  of  the  same 
internal  diameter  and  of  a wall  thickness  equal  to  twice  the  thick- 
ness of  the  strip.  The  weight  of  double  strip  armor  must  be  at  least 
10  per  cent,  greater  than  that  of  single  strip.  For  other  types  of 
armor  an  equivalent  construction  must  be  provided. 

b.  If  of  steel,  the  metal  of  armor  must  be  thoroughly  galvanized 
or  coated  with  an  approved  rust  preventive. 

The  internal  diameter  of  the  armor  must  be  such  that  it  will  not 
be  materially  embedded  in  the  cable  or  cord  coverings.  It  must 
not  be  possible  to  withdraw  the  cable  from  the  armor  of  a 15-foot 
sample  of  armored  cable  by  the  application  of  a force  of  90  pounds, 
or  from  the  armor  of  a 10-foot  sample  of  armored  cord  by  the  applica- 
tion of  a force  of  25  pounds.  Interior  surfaces  of  the  armor  must  be 
free  from  burrs  or  sharp  edges  which  might  cause  abrasion  of  the 
cable  or  cord  coverings. 

c.  The  cable  in  the  armor  must  have  an  insulating  covering  as 
required  by  § 550j  or  § 556  of  this  chapter,  excepting  that  the  lead 
covering  may  be  only  1-32  inch  thick.  If  multiple  conductor  cable 
(not  lead  covered)  is  used  the  conductors  must  be  twisted  together. 
The  cord  in  the  armor  must  have  an  insulating  covering  as  required 
by  § 554  of  this  chapter. 

d.  Every  coil  of  completed  armored  cable  or  cord  must  be  tested 


96 


CHAPTER  9 


by  the  application  of  an  alternating  current  voltage,  derived  from 
apparatus  of  not  less  than  1,500  watts  capacity,  the  test  voltages  to 
be  those  given  in  the  table  of  paragraph  a of  this  section.  Tests  to 
be  made  between  each  conductor  and  every  conductor  comprising 
the  cable  or  cord  and  between  the  several  conductors  and  the  armor. 

e.  There  must  be  a distinctive  marker  the  entire  length,  so  that 
the  armored  cable  or  cord  may  be  readily  identified  in  the  field.  Coils 
of  armored  cable  or  cord  must  also  be  plainly  tagged  or  marked  as 
follows: 

1.  The  maximum  voltage  at  which  the  wire  is  designed  to  be  used. 

2.  The  words  “National  Electrical  Code  Standard.^^ 

3.  Name  or  trade-mark  of  the  manufacturing  company. 

4.  Month  and  year  when  manufactured. 

5.  The  proper  type  letters  for  the  particular  style  of  material  as 
given  for  each  type  in  § 554  and  § 557  of  this  chapter. 

§ 558.  Metal  conduits. 

a.  Each  length  of  conduit  must  have  the  maker’s  name  or  initials 
stamped  in  the  metal  or  attached  thereto  in  a satisfactory  manner, 
so  that  inspectors  can  readily  see  the  same. 

1.  Rigid  conduit. 

b.  The  tube  used  in  the  manufacture  of  rigid  conduit  must  be  of 
mild  steel;  and  must  be  of  sufficiently  true,  circular  section  to  admit 
of  cutting  true,  clean  threads;  it  must  be  very  closely  the  same  in 
wall  thickness  at  all  points.  Welds  must  be  thoroughly  well  made. 

c.  The  tube  must  be  thoroughly  cleaned  to  remove  all  scale  and 
rust  from  both  the  inside  and  the  outside  surfaces  by  some  process, 
mechanical  or  otherwise,  which  will  permit  the  protecting  coating 
to  take  a smooth  finish  and  which  will  not  reduce  the  weight  of  the 
tube  sufficiently  to  cause  the  finished  rigid  conduit  to  weigh  less 
than  is  given  in  § 558i  of  this  chapter.  The  surface  of  the  tube  in- 
tended for  enameled  conduit  must  be  thoroughly  washed  or  other- 
wise treated  to  remove  all  acid  left  by  the  pickling  solutions,  if  they 
are  used  as  a part  of  the  cleaning  process. 

d.  All  surfaces  of  the  tube  must  be  protected  against  corrosion  by 
one  of  the  methods  prescribed  in  sub-divisions  2 and  3 of  this  sec- 
tion or  by  some  other  approved  methods. 

2.  Enameled  conduit. 

e.  The  enamel  coating  on  either  the  inside  or  the  outside  surface 
of  the  finished  conduit  must  not  soften  at  ordinary  temperatures; 
it  must  have  an  even  and  smooth  appearance  and  must  be  of  a uni- 
form quality  at  all  points  of  the  length  of  the  tube.  It  must  be  of 
sufficient  weight  and  toughness  to  resist  smashing  or  flaking  and 
must  be  of  sufficient  elasticity  to  prevent  its  cracking  or  flaking  at 
any  time  up  to  1 year  from  month  of  manufacture  when  J^-inch 
conduit  is  bent  in  a curve,  the  inner  edge  of  which  has  a radius  of 
33^  inches.  The  enamel  coating  must  not  be  seriously  affected 
by  soaking  at  70  degrees  Fahrenheit  for  24  hours  in  any  of  the  follow- 
ing aqueous  solutions: 

1.  Sulphuric  acid  of  1.3  specific  gravity  containing  40  per  cent, 
by  weight  of  anhydrous  sulphuric  acid. 

2.  Commercial  strong  hydrochloric  acid  containing  20  per  cent, 
by  weight  of  anhydrous  hydrochloric  acid. 


ELECTRICAL  CONTROL 


97 


3.  Acetic  acid  containing  20  per  cent,  by  weight  of  anhydrous 
acetic  acid. 

4.  Saturated  solution  of  carbonate  of  soda,  containing  20  per 
cent,  by  weight  of  anhydrous  carbonate  of  soda. 

3.  Conduit  with  metallic  coatings. 

f.  The  metallic  coating  on  either  the  inside  or  the  outside  surface 
of  the  finished  conduit  must  not  soften  at  ordinary  temperatures, 
and  must  be  of  uniform  quality  at  all  points  of  the  length  of  the 
tube.  It  must  be  of  sufficient  elasticity  to  prevent  its  cracking  or 
flaking  at  any  time  up  to  one  year  from  the  month  of  manufacture 
when  3^-inch  conduit  is  bent  in  a curve,  the  inner  edge  of  which 
has  a radius  of  33^  inches. 

All  metallic  protective  coatings  on  either  interior  or  exterior  sur- 
faces must  be  of  an  approved  weight  and  quality  to  afford  protection 
against  corrosion.  If  the  interior  surface  is  not  given  a metallic 
protective  coating  it  must  be  coated  with  an  approved  enamel. 

g.  Elbows,  bends  and  similar  fittings  must  be  made  of  full-weight 
material,  such  as  is  specified  for  the  conduit  proper,  and  must  be 
treated,  coated,  threaded,  etc.,  in  every  way  corresponding  to  the 
specifications  for  conduit  so  far  as  they  apply. 

h.  Threads  upon  conduits,  couplings,  elbows  and  bends  must  be 
full  and  clean  cut.  Their  pitch  and  form  must  conform  to  the 
Briggs'  standard  for  pipe  threads.  The  taper  of  threads  on  conduit 
must  not  exceed  ^ inch  per  foot.  The  perfect  thread  must  be 
tapered  for  its  entire  length.  Couplings  must  be  tapped  straight. 
If  threads  are  cut  after  the  protective  coatings  are  applied  the}" 
must  be  treated  to  prevent  corrosion  taking  place  before  the  conduit 
is  actually  installed.  The  number  of  threads  and  the  length  of  the 
threaded  portion  must  be  approximately  in  accordance  with  the 
following  table: 


Electrical 

trade 

size, 

inches. 

Number  of 
threads 
per 
inch. 

Length  of 
perfect 
thread, 
inches. 

Total 

length 

of 

thread, 

inches. 

Vi 

18 

0.29 

0.57 

^'8 

18 

0.30 

0.57 



14 

0.39 

0.75 

Vi 

14 

0.40 

0.76 

1 

nn 

0.51 

0.94 

VA 

IVA 

0.53 

0.97 

m 



0.55 

0.98 

2 

nV2 

0.58 

1.12 

2M 

8 

0.89 

1.51 

3 

8 

0.95 

1.57 

SH 

8 

1.00 

1.62 

4 

8 

1.05 

1.67 

4J4 

8 

1.10 

1.72 

5 

8 

1.16 

1.78 

6 

8 

1.26 

1.89 

7 


98 


CHAPTER  9 


i.  The  finished  conduit  as  shipped  must  be  in  10-foot  lengths,  with 
each  end  reamed  and  threaded.  For  each  length  at  least  1 coupling 
must  be  furnished.  The  finished  conduit  with  coupling  must  not 
weigh  less  than  is  given  in  the  following  table.  All  finished  conduit 
must  be  inspected  visually,  both  inside  and  out,  for  poor  coatings, 
hard  scale  or  other  similar  defects.  It  must  have  an  approved 
interior  coating  of  a character  and  appearance  which  will  readily 
distinguish  it  from  ordinary  commercial  pipe  commonly  used  for 
other  than  electrical  purposes. 


Minimum 

Electrical 

weight  of  finished 

trade  size. 

conduit  10  foot 

inches. 

lengths  with  couplings. 

Vi 

3/8 

38.5  pounds 

51.5  pounds 

^ 



1 

79.0  pounds 

105  pounds 

153  pounds 

iVi 



2 

201  pounds 

249  pounds 

334  pounds 



3 

527  pounds 

690  pounds 

3H 

4 

831  pounds 

982  pounds 



5 

1,150  pounds 

1,344  pounds 

. 

1.770  nminda 

4.  Flexible  conduit. 

j.  Flexible  conduit  must  be  so  flexible  that  the  conduit  may  be 
bent  in  a curve,  the  inner  edge  of  which  has  a radius  equal  to  that 
specified  in  the  following  table,  without  opening  up  the  tube  at  any 
point. 

k.  Flexible  conduit  must  be  of  such  design  that  after  a 3-foot 
sample  has  been  subjected  to  a tension  of  200  lbs.  for  1 minute,  the 
conduit  will  not  be  opened  up  at  any  point. 

l.  For  steel  conduits  the  internal  diameter,  the  thickness  of  the 
strip  and  the  weight  of  the  finished  conduit  must  be  not  less  than 
the  values  given  in  the  following  table.  For  flexible  conduit  of  other 
than  the  strip  type  an  equivalent  construction  must  be  provided. 


ELECTRICAL  CONTROL 


99 


Weight  in  pounds 

Electrical  Internal  Thickness  per  100  feet.  Radius  of 

trade  size,  diameter,  of  strip,  curvatures, 

inches.  inches.  inches.  Single  Double  inches. 

strip.  strip. 


5-16 ....  5-16  .025  17  3-4  20 1-2  2 1-4 

3-8 3-8  .034  29  331-2  21-2 

1-2 5-8  .040  54  62  31-2 

3-4 13-16  .040  68  781-2  41-2 

1 1 • .055  108  129 1-2  5 

1 1-4 1 1-4  .055  132  158  51-2 

11-2 1 1-2  .060  171  205  6 

2 2 .060  224  269  8 

21-2 21-2  .060  277  332  10  1-2 


m.  If  of  steel,  the  metal  of  the  flexible  conduit  must  be  thoroughly 
galvanized  or  coated  with  an  approved  rust  preventive.  Interior 
surfaces  of  the  conduit  must  be  free  from  burrs  or  sharp  edges  which 
might  cause  abrasion  of  the  wire  coverings. 

n.  Flexible  conduit  must  have  a distinctive  marking  its  entire 
length  so  that  it  may  be  readily  identified  in  the  field.  Coils  must 
also  be  plainly  tagged  or  marked  with  the  name  or  trade-mark  of  the 
manufacturing  company. 

§ 559.  Outlet,  junction  and  flush  switch  boxes. 

a.  Boxes  must  be  of  pressed  steel  having  wall  thickness  of  not 
less  than  .078  inch  (No.  14  U.  S.  metal  gauge),  or  of  cast  metal 
having  wall  thickness  not  less  than  1-8  inch.  Junction  boxes  of 
larger  sizes  must  comply  with  requirements  of  § 570  of  this  chapter, 
but  must  in  all  cases  be  of  metal. 

b.  Boxes  must  be  well  galvanized,  enameled  or  otherwise  properly 
coated,  inside  and  out,  to  prevent  oxidation. 

c.  Boxes  must  be  so  made  that  all  openings  not  in  use  will  be 
effectively  closed  by  metal  which  will  afford  protection  substantially 
equivalent  to  the  walls  of  the  box. 

Fittings  which  are  designed  for  bringing  conductors  from  metal 
conduits  to  exposed  wiring  must  be  provided  within  non-absorptive, 
non-combustible,  insulating  bushings,  which,  except  with  flexible 
cord,  must  separately  insulate  each  conductor. 

d.  Boxes  must  be  plainly  marked,  where  the  marking  may  readily 
be  seen  when  installed,  with  the  name  or  trade-mark  of  the  manu- 
facturer. 

e.  Boxes  must,  in  case  of  combination  gas  and  electric  outlets, 
be  so  arranged  that  connection  with  gas  pipe  at  outlet  may  be 
made  by  means  of  an  approved  device.  Fixture  studs,  where  not  a 
part  of  the  box,  must  be  made  of  malleable  iron  or  other  approved 
material.  Boxes  must  be  arranged  to  secure  in  position  the  conduit 
or  flexible  tubing  protecting  the  wire. 

f.  Switch  and  outlet  boxes  must  be  so  arranged  that  they  can  be 
securely  fastened  in  place  independently  of  the  support  afforded  by 
the  conduit  piping,  except  that  when  entirely  exposed,  approved 


1(X) 


CHAPTER  9 


boxes,  which  are  threaded  so  as  to  be  firmly  supported  by  screwing 
on  to  the  conduit,  may  be  used. 

g.  Switch  and  receptacle  boxes  must  completely  enclose  the 
switch  or  receptacle  on  sides  and  back,  and  must  provide  a thor- 
oughly substantial  support  for  it.  The  retaining  screws  for  the  box 
must  not  be  used  to  secure  the  switch  in  position.  Boxes  for  floor 
outlets  shall  be  designed  to  completely  enclose  the  receptacle  and 
attachment  plugs,  if  any,  to  protect  them  from  mechanical  injury 
and  to  exclude  moisture. 

h.  Covers  for  outlet  boxes  if  made  of  metal  must  be  equal  in  thick- 
ness to  that  specified  for  the  walls  of  the  box,  or  must  be  of  metal 
fined  with  an  insulating  material  not  less  than  1-32  inch  in  thick- 
ness, firmly  and  permanently  secured  to  the  metal.  Covers  may 
also  be  made  of  porcelain  or  other  approved  material,  provided  they 
are  of  such  form  and  thickness  as  to  afford  suitable  protection  and 
strength. 

§ 560.  Metal  moulding. 

a. 

b.  The  installation  of  wooden  moulding  is  prohibited. 

c.  Each  length  of  metal  moulding  must  have  maker’s  name  or 
trade-mark  stamped  in  the  metal,  or  in  some  manner  permanently 
attached  thereto,  in  order  that  it  may  be  readily  identified  in  the 
field. 

d.  Metal  moulding  must  be  constructed  of  iron  or  steel  with 
backing  at  least  .050  inch  in  thickness,  and  with  capping  not  less 
than  .040  inch  in  thickness,  and  so  constructed  that  when  in  place 
the  raceway  will  be  entirely  closed;  must  be  thoroughly  galvanized 
or  coated  with  an  approved  rust  preventative  both  inside  and  out  to 
prevent  oxidation. 

e.  Elbows,  couplings  and  all  other  similar  fittings  must  be  con- 
structed of  at  least  the  same  thickness  and  quality  of  metal  as  the 
moulding  itself,  and  so  designed  that  they  will  both  electrically  and 
mechanically  secure  the  different  sections  together  and  maintain 
the  continuity  of  the  raceway.  The  interior  surfaces  must  be  free 
from  burrs  or  sharp  corners  which  might  cause  abrasion  of  the  wire 
coverings. 

f.  Metal  moulding  must  at  all  outlets  be  so  arranged  that  the 
conductors  cannot  come  in  contact  with  the  edges  of  the  metal, 
either  of  capping  or  backing.  Specially  designed  fittings  which  will 
interpose  substantial  barriers  between  conductors  and  the  edges  of 
metal  are  recommended. 

g.  AVhen  backing  is  secured  in  position  by  screws  or  bolts  from 
the  inside  of  the  raceway,  depressions  must  be  provided  to  render 
the  heads  of  the  fastenings  flush  with  the  moulding. 

h.  Metal  mouldings  must  be  used  for  exposed  work  only  and  must 
be  so  constructed  as  to  form  an  open  raceway  to  be  closed  by  the 
capping  or  cover  after  the  wires  are  laid  in. 

§ 561.  Tubes  and  bushings. 

a.  Tubes  and  bushings  must  be  made  straight  and  free  from  checks 
or  rough  projections,  with  ends  smooth  and  rounded  to  facilitate  the 
drawing  in  of  the  wire  and  prevent  abrasion  of  its  covering. 

b.  Tubes  and  bushings  must  be  made  of  non-combustible  insulat- 


ELECTRICAL  CONTROL 


101 


ing  material,  which,  when  broken  and  submerged  for  100  hours  in 
pure  water  at  70  degrees  Fahrenheit  (21  degrees  Centigrade),  will 
not  absorb  over  K of  one  per  cent,  of  its  weight. 

c.  Tubes  and  bushings  must  have  the  name,  initials  or  trade-mark 
of  the  manufacturer  stamped  in  the  ware. 

d.  Dimensions  of  walls  and  heads  of  tubes  and  bushings  must  be 
at  least  as  great  as  those  given  in  the  following  table: 


External 

Diameter  of  hole,  diameter, 
inches.  inches. 

Thickness 
of  wall, 
inches. 

External  diam- 
eter of  head, 
inches. 

Length 
of  head, 
inches. 

5-16 

9-16 

1-8 

13-16 

1-2 

3-8 

11-16 

5-32 

15-16 

1-2 

1-2 

13-16 

5-32 

1 

3-16 

1-2 

5-8 

15-16 

5-32 

1 

5-16 

1-2 

3-4 

1 

3-16 

7-32 

1 

11-16 

5-8 

1 

1 

7-16 

7-32 

1 

15-16 

5-8 

1 1-4 

1 

13-16 

9-32 

2 

5-16 

5-8 

1 1-2 

2 

3-16 

11-32 

2 

11-16 

3-4 

13-4 

2 

9-16 

13-32 

3 

1-16 

3-4 

2 

2 

15-16 

15-32 

3 

7-16 

3-4 

2 1-4 

3 

5-16 

17-32 

3 

13-16 

1 

2 1-2 

3 

11-16 

19-32 

4 3-16 

1 

An  allowance  of  1-64  inch  for  variation  in  manufacturing  will  be 
permitted,  except  in  the  thickness  of  the  wall. 

§ 562.  Cleats. 

a.  Cleats  must  hold  the  wire  firmly  in  place  without  injury  to  its 
covering. 

b.  Bearing  points  on  the  surface  of  cleats  must  be  made  by  ridges 
or  rings  about  the  holes  for  supporting  screws,  in  order  to  avoid 
cracking  and  breaking  when  screwed  tight. 

c.  Cleats  must  be  made  of  non-combustible  insulating  material, 
which,  when  broken  and  submerged  for  100  hours  in  pure  water  at 
70  degrees  Fahrenheit  (21  degrees  Centigrade),  will  not  absorb 
over  3^  of  one  per  cent,  of  its  weight. 

d.  Cleats  must  have  the  name,  initials  or  trade-mark  of  the  manu- 
facturer stamped  in  the  ware. 

e.  Cleats  must  conform  to  the  spacings  given  in  the  following 
table: 

Voltage,  0-300.  Distance  from  wire  to  surface,  inch.  Distance 
between  wires,  23^  inches. 

§ 563.  Flexible  tubing. 

a.  Flexible  tubing  must  have  a sufficiently  smooth  interior  surface 
to  allow  the  ready  introduction  of  the  wire. 

b.  Flexible  tubing  must  be  constructed  of  or  treated  with  ma- 
terials which  will  serve  as  moisture  repellents. 

c.  The  tube  must  be  so  designed  that  it  will  withstand  all  the 
abrasion  likely  to  be  met  with  in  practice. 

d.  The  linings,  if  any,  must  not  be  removable  in  length  of  over 
3 feet. 


102 


CHAPTER  9 


e.  The  34"iiich  tube  must  be  so  flexible  that  it  will  not  crack  or 
break  when  bent  in  a circle  with  6-inch  radius  at  50  degrees  Fahren- 
heit (10  degrees  Centigrade),  and  the  covering  must  be  thoroughly 
saturated  with  a dense  moisture-proof  compound  which  will  not 
slide  at  150  degrees  Fahrenheit  (65  degrees  Centigrade).  Other 
sizes  must  be  as  well  made. 

f.  Flexible  tubing  must  not  convey  fire  on  the  application  of  a 
flame  from  Bunsen  burner  to  the  exterior  of  the  exterior  of  the  tube 
when  held  in  a vertical  position. 

g.  Flexible  tubing  must  be  sufficiently  tough  and  tenacious  to 
withstand  severe  tension  without  injury;  the  interior  diameter  must 
not  be  diminished  or  the  tube  opened  up  at  any  point  by  the  applica- 
tion of  a reasonable  stretching  force. 

h.  Flexible  tubing  must  not  close  to  prevent  the  insertion  of  the 
wire  after  the  tube  has  been  kinked  or  flattened  and  straightened  out. 

i.  Flexible  tubing  must  have  a distinctive  marking  the  entire 
length  of  the  tube,  so  that  the  tubing  may  be  readily  identified  in 
the  field. 

§ 564.  Knobs. 

a.  Split  knobs  must  be  constructed  in  two  parts,  a base  and  a cap, 
arranged  to  hold  the  wire  firmly  in  place  without  injury  to  its  cover- 
ing. Sharp  edges  must  be  avoided.  Solid  knobs  must  be  constructed 
with  smooth  groove,  to  contain  wire. 

b.  Bearing  points  on  the  surface  of  knobs  must  be  made  by  a ring 
or  by  ridges  on  the  outside  edge  of  the  base,  to  provide  for  stability. 
At  least  ^-inch  surface  separation  must  be  maintained  between  the 
supporting  screw  or  nail  and  the  conductor,  and  the  knob  must  be 
so  constructed  that  the  supporting  screw  or  nail  cannot  come  in 
contact  with  the  conductor.  For  wires  larger  than  No.  4 B.  & S. 
gauge,  split  knobs  (or  single  wire  cleats)  must  be  so  constructed  as 
to  require  the  use  of  2 supporting  screws. 

c.  Knobs  must  be  made  of  non-combustible,  insulating  material, 
which,  when  broken,  and  submerged  for  100  hours  in  pure  water  at 
70  degrees  Fahrenheit  (21  degrees  Centigrade)  will  not  absorb  over 
Y2  of  one  per  cent,  of  its  weight. 

d.  Knobs  must  have  the  name,  initials  or  trade-mark  of  the 
manufacturer  stamped  in  the  ware. 

e.  Knobs  must  be  so  constructed  as  to  separate  the  wire  at  least 
1 inch  from  the  surface  wired  over,  and  also  conform  to  the  following 
minimum  dimensions: 


Size  of  base,  inches.  Split  knobs, 

^ ^Solid  knobs,  groove,  thickness 

Square  knobs  or  inches.  of  cap. 

Sizes  of  wire,  inclusive.  Circular  single  wire  cleats.  ' inches  from 

knobs,  ' * « Depth.  Diameter,  top  of  wire 

diameter.  Width.  Length.  groove. 


14-10 11-8  3-4  13-4  3-16  1-4  3-8 

8-4 11-2  7-8  2 5-16  5-16  5-8 

2-00 2 1 21-4  7-16  5-8  5-8 

000-300,000  c.  m 21-2  11-8  2 3-4  7-16  25-32  7-8 


400,000-1,000,000  c.m.  3 13-8  33-4  5-8  11-4  1 


ELECTRICAL  CONTROL 


103 


§ 565.  Switches. 

1.  General  rules. 

a.  Switches  must,  when  used  for  service  switches,  indicate,  on 
inspection,  whether  the  current  be  ^^on^’  or 

b.  Switches  must,  for  constant-current  systems,  close  the  main 
circuit  and  disconnect  the  branch  wires  when  turned  ‘‘off  must  be 
so  constructed  that  they  shall  be  automatic  in  action,  not  stopping 
between  points  when  started  and  must  prevent  an  arc  between  the 
points  under  all  circumstances.  They  must  indicate  whether  the 
current  be  “on’^  or  “off.'’ 

2.  Knife  switches. 

c.  Knife  switches  must  be  mounted  on  non-combustible,  non- 
absorptive,  insulating  bases.  Other  materials  than  slate,  marble  or 
porcelain  must  be  submitted  for  special  examination  before  being 
used.  Bases  with  an  area  of  over  25  square  inches  must  have  at 
least  4 supporting  screws.  Holes  for  the  supporting  screws  must  be 
so  located  or  countersunk  that  there  will  be  at  least  3^  inch  space 
measured  over  the  surface,  between  the  head  of  the  screw  or  washer 
and  the  nearest  live  metal  part,  and  in  all  cases  when  between  parts 
of  opposite  polarity  must  be  countersunk. 

d.  Pieces  carrying  the  contact  jaws  and  hinge  clips  must  be  se- 
cured to  the  base  by  at  least  2 screws,  or  else  made  with  a square 
shoulder,  or  provided  with  dowel  pins,  to  prevent  possible  turnings, 
and  the  nuts  or  screw-heads  on  the  under  side  of  the  base  must  be 
countersunk  not  less  than  1-8  inch  and  covered  with  a waterproof 
compound  which  will  not  melt  below  150  degrees  h'ahrenheit  (65 
degrees  Centigrade). 

e.  Hinges  of  knife  switches  must  not  be  used  to  carry  current  un- 
less they  are  equipped  with  spring  washers,  held  by  lock-nuts  or 
pins,  or  their  equivalent,  so  arranged  that  a firm  and  secure  connec- 
tion will  be  maintained  at  all  positions  of  the  switch  blade§. 

f.  All  switches  must  have  ample  metal  for  stiffness  and  to  prevent 
rise  in  temperature  of  any  part  of  over  50  degrees  Fahrenheit  (28 
degrees  Centigrade)  at  full  load,  the  contacts  being  arranged  so  that 
a thoroughly  good  bearing  at  every  point  is  obtained  with  contact 
surfaces  advised  for  pure  copper  blades  of  about  1 square  inch  for 
each  75  amperes;  the  whole  device  must  be  mechanically  well  made 
throughout. 

g.  All  cross-bars  less  than  3 inches  in  length  must  be  made  of 
insulating  material.  Bars  of  3 inches  and  over,  which  are  made  of 
metal  to  insure  greater  mechanical  strength,  must  be  sufficiently 
separated  from  the  jaws  of  the  switch  to  prevent  arcs  following  from 
the  contacts  to  the  bar  on  the  opening  of  the  switch  under  any  cir- 
cumstances. Metal  bars  should  preferably  be  covered  with  insulat- 
ing material.  To  prevent  possible  turning  or  twisting  the  cross-bar 
must  be  secured  to  each  blade  by  2 screws,  or  the  joints  made  with 
square  shoulders  or  provided  with  dowel-pins. 

h.  Switches  for  currents  of  over  30  amperes  must  be  equipped 
with  lugs,  firmly  screwed  or  bolted  to  the  switch,  and  into  which  the 
conducting  wires  shall  be  soldered.  For  the  smaller  sized  switches 
simple  clamps  can  be  employed,  provided  they  are  heavy  enough  to 
stand  considerable  hard  usage. 


1()4 


CHAPTER  9 


i.  Knife  switches  must  operate  successfully  at  50  per  cent,  overload 
in  amperes  and  25  per  cent,  excess  voltage,  under  the  most  severe 
conditions  with  which  they  are  liable  to  meet  in  practice. 

j.  Knife  switches  niust  be  plainly  marked  where  the  marking  can 
be  read  when  the  switch  is  installed,  with  the  name  of  the  maker 
and  the  current  and  the  voltage  for  which  the  switch  is  designed. 
Switches  designed  for  250  volts  D.  C.  or  500  volts  A.  C.  circuits, 
without  fuses  on  the  switch  base,  must  be  marked  250  V.,  D.  C.,  500 
V.,  A.  C.  When  250-volt  fuse  terminals  are  mounted  on  the  switch 
base,  the  marking  of  the  switch  must  be  250  V.,  D.  C.  and  A.  C. 
When  600- volt  fuse  terminals  are  mounted  on  the  switch  base,  the 
terminals  must  be  spaced  for  600- volt  fuses  and  the  switches  marked 
500  V.,  A.  C.  Triple  pole  switches  designed  with  125-volt  spacings, 
between  adjacent  blades,  must  be  marked  125  volts,  and  may  be 
used  on  3- wire  D.  C.  or  single  phase  systems  having  not  more  than 
125  volts  between  adjacent  wires  and  not  more  than  250  volts  be- 
tween the  two  outside  wires.  When  designed  with  250-volt  spacings 
between  adjacent  blades  triple  pole  switches  must  be  marked  250 
volts  and  may  be  used  on  3- wire  D.  C.  or  single  phase  systems  hav- 
ing not  more  than  250  volts  between  adjacent  wires  and  not  more 
than  500  volts  between  the  two  outside  wires. 

k.  Spacings  and  dimensions  must  be  at  least  as  great  as  those 
given  in  the  following  tables: 

Table  1.  For  switchboards  and  panel  boards;  not  over  125  volts 
D.  C.  and  A.  C.: 


Minimum 

Width  and  thickness  separation  of 
. , nearest  metal  Minimum 


Clips  parts  of  break. 

Blades.  and  hinges.  opposite  distance. 

polarity. 

30  amp ...  1-2  X 5-64  in.  1-2  x 3-64  in.  1 in.  3-4  in. 

60  amp.  . . 11-4  in.  1 in. 


Table  2.  For  individual  switches;  not  over  125  volts  D.  C.  and  A.  C.: 

Inch.  Inch.  Inch.  Inch. 

30  amp 1-2  X 5-64  1-2  x 3-64  1 1-4  1 

60  and  100  amp 11-2  11-4 

200  amp 2 1-4  2 

400  and  600  amp 2 3-4  2 1-2 

800  and  1,000  amp 3 2 3-4 


A 300-ampere  switch  with  the  spacings  of  the  200-ampere  switch 
above  may  be  used  on  switchboards. 

Table  3.  For  all  switches;  250  volts  only  D.  C.  and  A.  C.: 


Inch.  Inch.  Inch.  Inch. 
30  amp ...  . 1-2  X 5-64  1-2  x 3-64  1 3-4  1 1-2 


ELECTRICAL  CONTROL 


105 


Table  4.  For  all  sivitches;  not  over  250  volts  D.  C.  nor  over  500 
volts  A.  C.: 


Inch. 

Inch. 

Inch.  Inch. 

30  amp 5-8  x 1-8 

60  and  100  amp 

200  amp 

400  and  600  amp 

800  and  1,000  amp 

5-8  X I-I6 

2 1-4  2 
2 1-4  2 
2 1-2  2 1-4 

2 3-4  2 1-2 

3 2 3-4 

A 300-ampere  switch  with  the  spacings  of  the  200-ampere  switch 
above  may  be  used  on  switchboards.  Cut-out  terminals  on  switches 
for  over  250  volts  must  be  designed  and  spaced  for  600- volt  fuses. 
Table  5.  For  all  switches;  not  over  600  volts  D.  C.  and  A.  C.: 

Inch. 

Inch. 

Inch.  Inch. 

30  amp 5-8  X 1-8 

60  amp 

100  amp 

5-8  X 1-16 

4 3 1-2 

4 3 1-2 

4 1-2  4 

Auxiliary  contacts  of  either  a readily  renewable  or  a quick-break 
type  or  the  equivalent  are  recommended  for  D.  C.  switches,  designed 
for  over  250  volts,  and  must  be  provided  on  D.  C.  switches  designed 
for  use  in  breaking  currents  ^eater  than  100  amperes  at  a voltage 
of  over  250.  For  3-wire  direct-current  and  3- wire  single-phase 
systems  the  separation  and  break  distances  for  plain  3-pole  knife 
switches  must  not  be  less  than  those  required  in  the  above  table  for 
switches  designed  for  the  voltage  between  neutral  and  outside  wires. 

3.  Snap  switches. 

l.  Current-carrying  parts  must  be  mounted  on  non-combustible, 
non-absorptive,  insulating  bases,  such  as  slate  or  porcelain,  and  the 
holes  for  supporting  screws  should  be  countersunk  not  less  than  1-8 
inch.  There  must  in  no  case  be  less  than  3-64  inch  space  between 
supporting  screws  and  current-carrying  parts. 

Sub-bases  of  non-combustible,  non-absorptive,  insulating  ma- 
terial, which  will  separate  the  wires  at  least  3^  inch  from  the  surface 
wired  over,  must  be  furnished  with  all  snap  switches  used  in  exposed 
or  moulding  work. 

m.  Pieces  carrying  contact  jaws  must  be  screwed  to  the  base  by 
at  least  2 screws,  or  else  made  with  a square  shoulder,  or  provided 
with  dowel-pins  or  otherwise  arranged,  to  prevent  possible  turnings; 
and  the  nuts  or  screw  heads  on  the  under  side  of  the  base  must  be 
countersunk  not  less  than  1-8  inch  and  covered  with  a waterproof 
compound  which  will  not  melt  below  150  degrees  Fahrenheit  (65 
degrees  Centigrade). 

n.  All  switches  must  have  ample  metal  for  stiffness  and  to  prevent 
rise  in  temperature  of  any  part  of  over  50  degrees  Fahrenheit  (28 
degrees  Centigrade)  at  full  load.  The  whole  device  must  be  me- 
chanically well  made  throughout. 

o.  Any  material  used  for  insulating  current-carrying  parts  must 


106 


CHAPTER  9 


retain  its  insulating  and  mechanical  strength  when  subject  to  con- 
tinued use,  and  must  not  soften  at  a temperature  of  212  degrees 
Fahrenheit  (100  degrees  Centigrade). 

p.  Binding  posts  must  be  substantially  made  and  the  screws 
must  be  of  such  size  that  the  threads  will  not  strip  when  set  up 
tight.  Switches  with  the  set-screw  form  of  contact  will  not  be 
approved. 

q.  Covers  made  of  conducting  material,  except  face  plates  for 
flush  switches,  must  be  lined  on  sides  and  top  with  insulating,  tough 
and  tenacious  material  at  least  1-32  inch  in  thickness,  firmly  secured 
so  that  it  will  not  fall  out  with  ordinary  handling.  The  side  lining 
must  extend  slightly  beyond  the  lower  edge  of  the  cover. 

r.  The  handle  or  button  or  any  exposed  parts  must  not  be  in 
electrical  connection  with  the  circuit. 

s.  Snap  switches  must  ^^make^^  and  break  with  a quick  snap, 
and  must  not  stop  when  motion  has  once  been  imparted  by  the 
button  or  handle.  Snap  switches  of  the  spring  break  pattern, 
normally  complying  with  the  above  requirements,  but  with  move- 
ment of  the  contact  carrier  under  control  of  the  operator  at  any 
point  in  the  operation  of  the  device,  must  be  considered  in  a class 
with  switches  of  the  regular  knife  blade  pattern  and  conform  to  the 
specifications  of  paragraph  k of  this  section.^  Snap  switches  must 
operate  successfully  at  50  per  cent,  overload  in  amperes  and  at  125 
volt  direct  current,  for  all  125  volt  or  less  switches,  and  at  250  volts 
direct  current,  for  all  126  to  250  volt  switches  under  the  most  severe 
conditions  which  they  are  liable  to  meet  in  practice.  For  switches 
rated  higher  than  10  amperes,  this  test  shall  be  at  25  per  cent,  over- 
load instead  of  50  per  cent.  When  slowly  turned  ^‘on^^  and  ^‘off^^ 
at  the  rate  not  to  exceed  10  times  per  minute,  while  carrying  the 
rated  current  at  rated  voltage,  snap  switches  must  ^^make^^  and 

break the  circuit  6,000  times  before  failing. 

t.  Snap  switches  must  be  plainly  marked,  where  the  marking  may 
be  readily  seen  after  the  device  is  installed,  with  the  name  or  trade- 
mark of  the  maker  and  the  current  and  voltage  for  which  the  switch 
is  designed.  On  flush  switches  these  markings  may  be  placed  on  the 
sub-plate.  On  other  types  they  must  be  placed  on  the  front  of  the 
cap,  cover  or  plate.  Switches  which  indicate  whether  the  current 
is  “on^^  or  are  recommended. 

§ 566.  Circuit  breakers. 

1.  Generally.  Circuit  breakers  for  operation  on  circuits  of  550 
volts  or  less  must  be  made  to  comply  with  the  following  specifications, 
except  in  those  few  cases  where  peculiar  design  allows  the  breaker  to 
fulfill  the  general  requirements  in  some  other  way,  and  where  it  can 
successfully  withstand  the  test  of  paragraph  d of  this  section.  In 
such  cases  the  breakers  should  be  submitted  for  special  examination 
and  approval  before  being  used. 

2.  Details  of  Construction,  a.  Circuit  breakers  must  be  mounted  on 
non-combustible,  non-absorptive,  insulating  bases,  such  as  slate  or 
marble.  Bases  with  an  area  of  over  25  square  inches  must  have  at 
least  4 supporting  screws.  Holes  for  the  supporting  screws  must  be 
so  located  or  countersunk  that  there  will  be  at  least  inch  space 
measured  over  the  surface  between  the  head  of  the  screw  or  washer 


ELECTRICAL  CONTROL 


107 


and  the  nearest  live  rnetal  part,  and  in  cases  when  between  parts  of 
opposite  polarity  must  be  countersunk. 

b.  Pieces  carrying  contact  parts  must  be  screwed  to  the  base  by 
at  least  2 screws,  or  else  made  with  a square  shoulder,  dowel  pin, 
or  equivalent  device,  to  prevent  possible  turning,  and  the  nuts  or 
screw  heads  on  the  under  side  of  the  base  of  front-connected  breakers 
must  be  countersunk  not  less  than  1-8  inch,  and  covered  with  a 
waterproof  compound  which  will  not  melt  below  150  degrees  Fahren- 
heit (65  degrees  Centigrade).  All  breakers  must  be  provided  with 
easily  accessible  means  of  tripping  them  by  hand  without  injury  to 
the  operator. 

c.  Circuit  breakers  must  successfully  operate  3 times  with  2- 
minute  intervals  intervening  without  incapacitating  the  breaker, 
the  conditions  of  the  testing  current  to  be  as  given  in  the  following 
table: 


Current  rating  of  breakers. 

Per  cent  of  voltage 
drop  in  test 
circuit  with 
rated  current 
flowing. 

Minimum  avail- 
able capacity  of 
supply  system 
not  including 
overload  capacity. 

0 to  100  amp 

2 

1,000  amp. 

101  to  300  amp 

3 

3,000  amp. 

400  amp 

4 

4,000  amp. 

500  amp 

5 

5,000  amp. 

No  filing  of  contacts  or  other  repairing  of  the  breaker  to  be  made 
during  the  test.  Multiple  breakers  must  comply  with  above  require- 
ments whether  the  test  is  on  all  poles  at  once  or  on  one  pole  in- 
dividually. 

d.  Circuit  breakers  must  successfully  withstand  2,000  volts  A.  C. 
for  1 minute  between  live  metal  and  ground,  between  poles  in  multi- 
polar breaker  and  between  terminals  with  breaker  open. 

e.  The  maximum  rise  in  temperature  at  rated  current  must  not 
exceed  90  degrees  Fahrenheit  (50  degrees  Centigrade)  for  coils,  or 
54  degrees  Fahrenheit  (30  degrees  Centigrade)  for  other  parts. 

f.  Circuit  breakers  must  not  have  a plus  or  minus  error  greater 
than  10  per  cent,  at  any  point  of  its  calibration. 

g.  Metal  work  of  automatic  overload  circuit  breakers  must  be 
substantial  in  construction,  and  must  have  ample  metal  for  stiffness. 
The  contact  parts  shall  be  arranged  so  that  thoroughly  good  bear- 
ings are  obtained;  the  entire  device  must  be  mechanically  well 
made  throughout. 

h.  Must  be  plainly  marked,  where  it  will  be  visible  when  installed, 
with  the  name  of  the  maker  and  the  current  and  voltage  for  which 
the  device  is  designed. 

§ 567.  Cut-outs. 

1.  General  rules. 

a.  Cut-outs  must  be  supported  on  bases  of  non-combustible, 
non-absorptive,  insulating  material. 

b.  Cut-outs  must  be  of  the  enclosed  type,  when  not  arranged  in 


108 


CHAPTER  9 


approved  cabinets,  so  as  to  obviate  any  danger  of  the  melted  fuse 
metal  coming  in  contact  with  any  substance  which  might  be  ignited 
thereby. 

c.  Cut-outs  must  operate  successfully  on  short-circuits,  under  the 
most  severe  conditions  with  which  they  are  liable  to  meet  in  practice 
at  25  per  cent,  above  their  rated  voltage,  and,  for  link  fuse  cut-outs, 
with  fuses  rated  at  50  per  cent,  above  the  current  for  which  the  cut- 
out is  designed,  and  for  enclosed  fuse  cut-outs  with  the  largest  fuses 
for  which  the  cut-out  is  designed. 

d.  Cut-outs  must  be  marked,  where  the  marking  will  be  plainly 
visible  when  installed,  with  the  name  of  the  maker,  and  current 
and  voltage  for  which  the  device  is  designed. 

2.  Link  fuse  cut-outs. 

e.  Link-fuse  cut-outs  must  be  mounted  on  bases  made  of  strong, 
non-combustible,  non-absorptive,  insulating  material.  The  design 
of  the  base  must  be  such  that,  considering  the  material  used,  the 
base  will  withstand  the  most  severe  conditions  liable  to  be  met  in 
practice.  Bases  with  an  area  of  over  25  square  inches  must  have  at 
least  4 supporting  screws.  Holes  for  supporting  screws  must  be  kept 
outside  of  the  area  included  by  the  outside  edges  of  the  fuse-block 
terminals,  and  must  be  so  located  or  countersunk  that  there  will  be 
at  least  3^  inch  space,  measured  over  the  surface,  between  the  head 
of  the  screw  or  washer  and  the  nearest  live  metal  part. 

f.  Nuts  or  screw  heads  on  the  under  side  of  the  base  must  be 
countersunk  not  less  than  1-8  inch,  and  covered  with  a waterproof 
compound  which  will  not  melt  below  150  degrees  Fahrenheit  (65 
degrees  Centigrade). 

g.  All  fuse-block  terminals  must  have  ample  metal  for  stiffness 
and  to  prevent  rise  in  temperature  of  any  part  of  over  50  degrees 
Fahrenheit  (28  degrees  Centigrade)  at  full  load.  Terminals,  as  far 
as  practicable,  should  be  made  of  compact  form  instead  of  being 
rolled  out  in  thin  strips;  and  sharp  edges  of  thin,  projecting  pieces, 
as  on  wing  thumb  nuts  and  the  like,  should  be  avoided.  Thin 
metal,  sharp  edges  and  projecting  pieces  are  much  more  likely 
to  cause  an  arc  to  start  than  a more  solid  mass  of  metal.  It  is  a 
good  plan  to  round  all  corners  of  the  terminals  and  to  chamfer  the 
edges. 

h.  Clamps  for  connecting  the  wires  to  the  fuse-block  terminals 
must  be  of  solid,  rugged  construction,  so  as  to  insure  a thoroughly 
good  connection  and  to  withstand  considerable  hard  usage.  For 
fuses  rated  at  over  30  amperes,  lugs  firmly  screwed  or  bolted  to  the 
terminals  and  into  which  the  conducting  wires  are  soldered  must  be 
used. 

i.  Link  fuse  cut-outs  must  operate  successfully  when  blowing  only 
1 fuse  at  a time  on  short-circuits  with  fuses  rated  at  50  per  cent, 
above  and  within  a voltage  25  per  cent,  above  the  current  and 
voltage  for  which  the  cut-out  is  designed. 

j.  Spacings  must  be  at  least  as  great  as  those  given  in  the  follow- 
ing table,  which  applies  only  to  plain,  open-link  fuses  mounted  on 
slate  or  marble  bases.  The  spaces  given  are  correct  for  fuse-blocks 
to  be  used  on  direct-current  systems,  and  can  therefore  be  safely 
followed  in  devices  designed  for  alternating  currents.  If  the  copper 


ELECTRICAL  CONTROL 


109 


fuse-tips  overhang  the  edges  of  the  fuse-block  terminals,  the  spacing 
should  be  measured  between  the  nearest  edges  of  the  tips. 


Minimum 

separation  of  nearest 
metal  parts  of 
opposite  polarity. 

Minimum 

break-distance. 

Not  over  125  volts: 

10  amperes  or  less . . . 

3-4  inch 

3-4  inch 

11-100  amperes 

1 inch 

3-4  inch 

101-300  amperes 

1 inch 

1 inch 

301-1,000  amperes.  . . 

11-4  inch 

1 1-4  inch 

Not  Over  250  volts: 

10  amperes  or  less . . . 

11-2  inch 

1 1-4  inch 

11-100  amperes 

13-4  inch 

1 1-4  inch 

101-300  amperes 

2 inch 

1 1-2  inch 

301-1,000  amperes.  . . 

2 1-2  inch 

2 inch 

3.  Enclosed-fuse  cut-outs — plug  and  cartridge  type. 

k.  The  base  must  be  made  of  non-combustible,  non-absorptive, 
insulating  material.  Blocks  with  an  area  of  over  25  square  inches 
must  have  at  least  4 supporting  screws.  Holes  for  supporting 
screws  must  be  so  located  or  countersunk  that  there  will  be  at  least 
]/2  inch  space,  measured  over  the  surface,  between  the  screw-head 
or  washer  and  the  nearest  live  metal  part,  and  in  all  cases  when  be- 
tween parts  of  opposite  polarity  must  be  countersunk. 

l.  Nuts  or  screw-heads  on  the  under  side  of  the  base  must  be 
countersunk  at  least  1-8  inch  and  covered  with  a waterproof  com- 
pound which  will  not  melt  below  150  degrees  Fahrenheit  (65  degrees 
Centigrade). 

m.  Except  for  sealable  service  and  meter  cut-outs,  terminals  must 
be  of  either  the  Edison  plug,  spring  clip  or  knife  blade  type,  of  ap- 
proved design,  to  take  the  corresponding  standard  enclosed  fuses. 
They  must  be  secured  to  the  base  by  2 screws  or  the  equivalent,  so 
as  to  prevent  them  from  turning,  and  must  be  so  made  as  to  secure 
a thoroughly  good  contact  with  the  fuse.  End  stops  must  be  pro- 
vided to  insure  the  proper  location  of  the  cartridge  fuse  in  the  cut-out. 

n.  Clamps  for  connecting  wires  to  the  terminals  must  be  of  a 
design  which  will  insure  a thoroughly  good  connection,  and  must  be 
sufficiently  strong  and  heavy  to  withstand  considerable  hard  usage. 
For  fuses  rated  to  carry  over  30  amperes,  lugs  firmly  screwed  or 
bolted  to  the  terminals  and  into  which  the  connecting  wires  shall 
be  soldered  must  be  used. 

o.  Enclosed-fuse  cut-outs  must  be  classified  as  regards  both  cur- 
rent and  voltage  as  given  in  the  following  table,  and  must  be  so 
designed  that  the  bases  of  one  class  cannot  be  used  with  fuses  of 
another  class  rated  for  a higher  current  or  voltage: 


110 


CHAPTER  9 


Standard  plug  of  cartridge  cut-outs. 

Not  over  250  volts.  Not  over  600  volts. 

0-  30  amperes.  0-  30  amperes. 


31-  60 
61-100 
101-200 
201-400 
401-600 


31-  60 
61-100 
101-200 
201-400 


Sealable  service  and  meter  cut-outs. 

Not  over  250  volts.  Not  over  600  volts. 

0-  30  amperes.  0-  30  amperes. 

31-  60  31-  60 

61-100  61-100 
101-200  101-200 

р.  Enclosed-fuse  cut-outs  must  be  of  such  a design  that  it  will 
not  be  easy  to  form  accidental  short  circuits  across  live  metal  parts 
of  opposite  polarity  on  the  block  or  on  the  fuses  in  the  block. 

4.  Exceptions.  The  foregoing  requirements  of  this  section  shall 
not  apply  to  rosettes,  attachment  plugs,  car-lighting  cut-outs  and 
protective  devices  for  signalling  systems. 

§ 568.  Fuses. 

1.  Link  fuses. 

a.  Terminals  must  have  contact  surfaces  or  tips  of  harder  metal, 
having  perfect  electrical  connections  with  the  fusible  part  of  the  strip. 

b.  Link-fuses  must  be  stamped  with  about  80  per  cent,  of  the 
maximum  current  which  they  can  carry  indefinitely,  thus  allowing 
about  25  per  cent,  overload  before  the  fuse  melts. 

с.  Fuse  terminals  must  be  stamped  with  the  maker’s  name  or 
initials,  or  with  some  known  trade-mark. 

2.  Enclosed  fuses — plugs  and  cartridge  type. 

d.  The  fuse  casing  must  be  sufficiently  dust-tight  so  that  lint  and 
dust  cannot  collect  around  the  fusible  wire  and  become  ignited  when 
the  fuse  is  blown. 

The  fusible  wire  must  be  attached  to  the  terminals  in  such  a way 
as  to  secure  a thoroughly  good  connection  and  to  make  it  difficult 
for  it  to  be  replaced  when  melted. 

e.  Enclosed  fuses  must  be  classified  to  correspond  with  the  differ- 
ent classes  of  cut-out  blocks,  and  must  be  so  designed  that  it  will 
be  impossible  to  put  any  fuse  of  a given  class  into  a cut-out  block 
which  is  designed  for  a current  or  voltage  lower  than  that  of  the 
class  to  which  the  fuse  belongs. 

f.  The  fuse  terminals  must  be  sufficiently  heavy  to  insure  me- 
chanical strength  and  rigidty.  The  styles  of  terminals,  except  for 
use  in  sealable  service  and  meter  cut-outs,  must  be  as  follows: 

Not  over  250  volts — 

' A.  Cartridge  fuse  (ferrule  contact). 

B.  Approved  plugs  or  cartridge  fuses  in  approved 
casings  for  Edison  cut-outs  not  exceeding  125 
volts,  but  including,  in  3- wire  125-250  volt 
systems,  with  grounded  neutral,  3-wire  cir- 
cuits and  2-wire  125-volt  or  250-volt  circuits. 


0-30  amps. 


ELECTRICAL  CONTROL 


111 


31-60  amps.  Cartridge  fuse  (ferrule  contact)  for  use  also  in  ap- 
proved casings  for  large  size  Edison  plug  type  250- 
volt  cut-outs. 


61-100 

101-200 

201-400 

401-600 


Cartridge  fuse  (knife  blade  contact). 


Not  over  600  volts — 


31-60  I Cartridge  fuse  (ferrule  contact). 

61-100  1 

101-200  I Cartridge  fuse  (knife  blade  contact). 

201-400  J 

3.  Exceptions.  The  requirements  of  subdivision  2 of  this  section 
shall  not  apply  to  fuses  for  rosettes,  attachment  plugs,  car-lighting 
cut-outs  and  protective  devices  for  signaling  systems. 

g.  Cartridge  enclosed  fuses  and  corresponding  cut-out  blocks, 
except  for  sealable  service  and  meter  cut-outs,  must  conform  to  the 
dimensions  given  in  the  following  table: 


Table  of  Dimensions  of  the  National  Electrical 
Code  Standard  Cartridge  Enclosed  Fuse. 


Form  1.  Cartridge  fuse — ferrule  contact. 


Voltage. 

Rated 

capacity, 

amperes. 

A. 

Length 

over 

terminals, 

inches. 

B. 

Distance 

between 

contact 

clips, 

inches. 

C. 

Width  of 
contact 
clips, 
inches. 

Not  over  250 

0-30 

Form  1 . . . . 

2 

1 

1-2 

• 

31-60 

Form  1 . . . . 

3 

1 3-4 

5-8 

61-100 

Form  2.  . . . 

5 7-8 

4 

7-8 

101-200 

Form  2 

7 1-8 

4 1-2 

1 1-4 

201-400 

Form  2.  . . . 

8 5-8 

5 

1 3-4 

401-600 

Form  2.  . . . 

10  3-8 

6 

2 1-8 

Not  over  600 

0-30 

Form  1 . . . . 

5 

4 

1-2 

31-60 

Form  1 . . . . 

5 1-2 

4 1-4 

5-8 

61-100 

Form  2.  . . . 

7 7-8 

6 

7-8 

101-200 

Form  2 . . . . 

9 5-8 

7 

1 1-4 

201-400 

Form  2 . . . . 

11  5-8 

8 

1 3-4 

112 


CHAPTER  9 


h.  Fuses  must  be  so  constructed,  that  with  the  surrounding  atmos- 
phere at  a temperature  of  75  degrees  Fahrenheit  (24  degrees  Centi- 
grade) they  will  carry  indefinitely  a current  10  per  cent,  greater  than 
that  at  which  they  are  rated,  and  at  a current  25  per  cent,  greater  than 
the  rating,  they  will  open  the  circuit  without  reaching  a temperature 
which  will  injure  the  fuse  tube  or  terminals  of  the  fuse  block.  With 
a current  50  per  cent,  greater  than  the  rating  and  at  room  tempera- 
ture of  75  degrees  Fahrenheit  (24  degrees  Centigrade),  the  fuses 
starting  cold,  must  blow  within  the  time  specified  below: 


Form  2.  Cartridge  fuse — knife  blade  contact. 


p. 

Diameter 
of  ferrules 
or  thickness 
of  terminal 
blades, 
inches. 

E. 

Minimum 
length  of 
ferrules  or 
of  terminal 
blades  out- 
side of  tube, 
inches. 

F. 

Diameter 
of  tube, 
inches. 

G. 

Width  of 
terminal 
blades, 
inches. 

Rated 

capacity, 

amperes. 

9-16 

1-2 

1-2 

Form  1, 

, . . . 0-30 

13-16 

5-8 

3-4 

Form  1. 

, . . . 31-60 

1-8 

1 

1 

3-4 

Form  2. 

, . . . 61-100 

3-16 

1 3-8 

1 1-2 

1 1-8 

Form  2. 

, ...  101-200 

1-4 

1 7-8 

2 

1 5-8 

Form  2, 

, ...  201-400 

1-4 

2 1-4 

2 1-2 

2 

Form  2. 

. ..  401-600 

13-16 

1-2 

3-4 

Form  1. 

...  0-30 

1 1-16 

5-8 

1 

Form  1 . 

. . . 31-60 

1-8 

1 

1 1-4 

3-4 

Form  2 . 

. . . 61-100 

3-16 

1 3-8 

1 3-4 

1 1-8 

Form  2 . 

. . . 101-200 

1-4 

1 7-8 

2 1-2 

1 5-8 

Form  2. 

. . . 201-400 

0-  30  amperes 1 minute. 

31-  60  ‘‘  2 minutes. 

61-100  4 

101-200  6 

201-400  12 

401-600  15 

i.  Enclosed  fuses  must  be  marked,  where  the  marking  will  be 
plainly  visible,  with  the  name  or  trade-mark  of  the  maker,  the 
voltage  and  current  for  which  the  fuse  is  designed,  and  the  words 
National  Electrical  Code  Standard.^'  Each  fuse  must  have  a label. 


ELECTUICAL  CONTROL 


113 


the  color  of  which  must  be  green  for  250-volt  fuses  and  red  for  600- 
volt  fuses. 

j.  The  temperature  of  the  exterior  of  the  fuse  enclosure  must  not 
rise  more  than  125  degrees  Fahrenheit  (70  degrees  Centigrade) 
above  that  of  the  surrounding  air  when  the  fuse  is  carrying  the 
current  for  which  it  is  rated. 

k.  Enclosed  fuses  must  not  hold  an  arc  or  throw  out  melted  metal 
or  sufficient  flame  to  ignite  easily  inflammable  material  on  or  near 
the  cut-out  when  only  one  fuse  is  blown  at  a time  on  a short  circuit 
on  a system  of  the  voltage  for  which  the  fuse  is  rated. 

The  normal  capacity  of  the  system  must  be  in  excess  of  the  load 
on  it  just  previous  to  the  test  by  at  least  5 times  the  rated  capacity 
of  the  fuse  under  test.  The  resistance  of  the  circuit  up  to  the  cut- 
out terminals  must  be  such  that  the  impressed  voltage  at  the  ter- 
minals will  be  decreased  1 per  cent,  when  a current  of  100  amperes 
is  passed  between  them. 

§ 569.  Panel  boards. 

a.  The  specifications  for  construction  of  switches  and  cut-outs 
(see  § 565  and  § 567  of  this  chapter)  must  be  followed  as  far  as  they 
apply. 

In  the  relative  arrangement  of  fuses  and  switches,  the  fuses  may 
be  placed  between  the  bus-bars  and  the  switches,  or  between  the 
switches  and  the  circuits,  except  in  the  case  of  service  switches, 
when  § 423a  of  this  chapter  must  be  complied  with.  When  the 
branch  switches  are  between  the  fuses  and  bus-bars,  the  connec- 
tions must  be  so  arranged  that  the  blades  will  be  dead  when  the 
switches  are  open.  When  there  are  exposed  live  metal  parts  on  the 
back  of  a board,  or  where  the  board  will  be  subject  to  moisture,  a 
space  of  at  least  ^ inch  must  be  provided  between  such  live  metal 
parts  and  the  cabinet  in  which  board  is  mounted. 

b.  The  following  minimum  distance  between  bare  live  metal 
parts  (bus-bars,  etc.)  must  be  maintained: — 


Between  parts  of  opposite  po- 
larity, except  at  switches  and 
link  fuses,  when  mounted 
on  the  same  surface. 


Between  parts  of 
same  polarity. 


When  held  free  At  link 
in  air.  fuses. 


Not  over  125  volts.  3-4  inch 1-2  inch.  1-2  inch. 

Not  over  250  ^^11-4^^  3-4  3-4 

Not  over  600  2 1 3-4 


Panel  boards  must  be  marked  where  the  marking  can  be  plainly 
seen  when  installed,  with  the  name  or  trade-mark  of  the  manufac- 
turer and  the  maximum  capacity  in  amperes  and  the  voltage  for 
which  the  board  is  designed. 

§ 570.  Cabinets. 

a.  Cabinets  must  in  all  cases  be  so  constructed  as  to  insure  ample 
strength  and  rigidity  and  be  dust-tight.  When  doors  are  of  metal, 
and  less  than  0.109  inch  (No.  12  U.  S.  sheet  metal  gauge)  in  thickness 
and  are  not  lined  with  insulating  material,  there  must  be  a space  of 

8 


114 


CHAPTER  9 


at  least  1 inch  between  the  door  and  an  enclosed  fuse  or  any  live 
metal  part.  A space  of  at  least  2 inches  must  be  provided  between 
open-link  fuses  and  metal,  metal-lined  or  glass  paneled  doors  of 
cabinets.  Except  as  above  specified,  there  must  be  a space  of  at 
least  Y2  inch  between  the  walls,  back  or  door  of  any  cabinet  and  any 
exposed  live  metal  part.  Cabinets  must  be  deep  enough  to  allow  the 
door  to  be  closed  when  30  ampere  branch  circuit  switches  are  in 
any  position,  and  when  larger  single  throw  switches  are  thrown  open 
as  far  as  their  construction  and  installation  will  permit.  There  must 
be  a space  of  at  least  K inch  between  the  walls,  the  gutter  partition, 
if  of  metal,  and  back  of  any  cabinet  and  the  nearest  exposed  current- 
carrying  part  of  devices  mounted  within  the  cabinet.  Where  branch 
and  feeder  circuit  wires  are  led  around  the  inside  of  the  cabinet  from 
terminals  of  panel-boards,  ample  space  must  be  provided  within 
the  cabinet  so  that  it  will  not  be  necessary  to  run  the  wires  upon  the 
face  of  the  panel-board.  This  space  or  gutter  must  be  partitioned 
off  from  the  panel  board  face  by  a barrier  extending  from  the  base 
of  the  panel-board  to  the  front  of  the  cabinet  and  firmly  secured  in 
position.  These  barriers  if  of  metal  must  be  of  a thickness  at  least 
that  of  the  walls  of  the  box  and  must  have  bushed  holes  for  wires. 
If  barriers  are  of  slate  or  marble  they  must  be  at  least  1-8  inch  in 
thickness  and  if  of  approved  composition  they  must  be  at  least 
Y inch  in  thickness. 

b.  Cabinets  may  be  made  of  either  cast  or  sheet  metal,  wood  or 
approved  composition.  Wooden  or  composition  cabinets  must  not 
be  used  on  metal  conduit,  armored  cable  or  metal  moulding  systems. 
All  metal  used  in  construction  of  cabinets,  including  linings,  if  any, 
must  be  thoroughly  painted  or  otherwise  treated  to  prevent  corrosion. 

c.  Wood  must  be  well  seasoned  and  at  least  3-4  inch  thick  and  be 
thoroughly  filled  and  painted,  and  must  be  lined  with  a non- 
combustible material. 

d.  In  all  cabinets,  linings  of  slate,  marble  or  approved  composition 
must  be  at  least  1-4  inch  thick  and  firmly  secured  in  place;  when 
metal  is  used  for  the  lining  it  must  be  at  least  No.  16  U.  S.  sheet 
metal  gauge  in  thickness.  For  lining  wooden  cabinets  3-8  inch  rigid 
asbestos  board  may  be  used  when  firmly  secured  in  place  by  screws  or 
tacks. 

e.  Only  approved  material  should  be  used  in  composition  cabinets, 
and  in  no  case  shall  it  be  less  than  3-4  inch  in  thickness. 

f . If  cast  metal  is  used  a thickness  of  at  least  1-8  inch  must  be  pro- 
vided. Sheet  metal  must  not  be  less  than  .0625  inch  thick  (No.  16 
U.  S.  sheet  metal  gauge),  and  must  in  every  case  be  of  sufficient  thick- 
ness or  so  reinforced  as  to  comply  with  paragraph  a of  this  section. 
In  steel  cabinets  having  an  area  of  more  than  360  square  inches  for 
any  surface  or  having  a single  dimension  greater  than  2 feet,  sheet 
metal  must  be  used  at  least  No.  14  U.  S.  sheet  metal  gauge  in  thick- 
ness; in  those  having  an  area  of  more  than  1,200  square  inches  for 
any  surface  or  having  a single  dimension  greater  than  4 1-2  feet,  the 
sheet  metal  must  be  at  least  No.  12  U.  S.  vsheet  metal  gauge  in  thick- 
ness. 

g.  Doors  must  shut  closely  at  all  edges  against  a rabbet  formed  as 
a part  of  the  door  or  trim  or  must  have  turned  flanges  at  all  edges. 


ELECTRICAL  CONTROL 


115 


Hinges  must  be  of  strong  and  durable  design.  A substantial  latch  or 
catch  must  be  provided  so  as  to  keep  the  door  closed,  and  a lock 
may  be  used  in  addition  to  the  catch  if  desired.  When  doors  have 
glass  panels  the  glass  must  be  at  least  1-8  inch  thick  (commercial 
thickness),  and  must  not  have  a greater  area  than  450  square  inches 
unless  plate  glass  at  least  1-4  inch  in  thickness  is  used. 

h.  Cabinets  must  be  marked  with  manufacturer's  name  where  the 
name  can  be  plainly  seen  when  the  cabinet  is  installed. 

§ 571.  Rosettes. 

a.  Current-carrying  parts  of  rosettes  must  be  mounted  on  non- 
combustible, non-absorptive,  insulating  bases.  There  should  be  no 
openings  through  the  rosette  base  except  those  for  the  supporting 
screws  and  in  the  concealed  type  for  the  conductors  also,  and  these 
openings  should  not  be  made  an}^  larger  than  necessary.  There  must 
be  at  least  1-4  inch  space,  measured  over  the  surface,  between  sup- 
porting screws  and  current-carrying  parts.  The  supporting  screws 
must  be  so  located  or  countersunk  that  the  flexible  cord  cannot  come 
in  contact  with  them.  Bases  for  the  knob  and  cleat  type  must  have 
at  least  2 holes  for  supporting  screws;  must  be  high  enough  to  keep 
the  wires  and  terminals  at  least  1-4  inch  from  the  surface  to  which 
the  rosette  is  attached  and  must  have  a porcelain  lug  under  each 
terminal  to  prevent  the  rosette  from  being  placed  over  projections 
which  would  reduce  the  separation  to  less  than  1-2  inch.  Bases  for 
the  moulding  and  conduit  box  types  must  be  high  enough  to  keep 
the  wires  and  terminals  at  least  3-8  inch  from  the  surface  wired  over. 

b.  Contact  pieces  and  terminals  must  be  secured  in  position  by  at 
least  2 screws,  or  made  with  a square  shoulder,  or  otherwise  arranged 
to  prevent  turning.  The  nuts  or  screw  heads  on  the  under  side  of  the 
base  must  be  countersunk  not  less  than  1-8  inch  and  covered  with  a 
waterproof  compound  which  will  not  melt  below  150  degrees  Fahren- 
heit (65  degrees  Centigrade). 

c.  Line  terminal  plates  must  be  at  least  .06  inch  in  thickness,  and 
terminal  screws  must  not  be  smaller  than  No.  6 standard  screw  with 
about  32  threads  per  inch.  Terminal  plates  for  the  flexible  cord  and 
for  fuses  must  be  at  least  .06  inch  in  thickness.  The  connection  to 
these  plates  shall  be  by  binding  screws  not  smaller  than  No.  5 stand- 
ard screw  with  about  40  threads  per  inch.  At  all  binding  screws  for 
line  wires  and  for  flexible  cord,  upturned  lugs,  or  some  equivalent 
arrangement,  must  be  provided  which  will  secure  the  wires  being 
held  under  the  screw  heads. 

d.  The  diameter  of  the  cord  inlet  hole  should  measure  13-32  inch 
in  order  that  standard  portable  cord  may  be  used. 

e.  Ample  space  must  be  provided  for  a substantial  knot  tied  in 
the  cord  as  a whole.  All  parts  of  the  rosette  upon  which  the  knot  is 
likely  to  bear  must  be  smooth  and  well  rounded. 

f.  When  the  rosette  is  made  in  2 parts,  the  cover  must  be  secured 
to  the  base  so  that  it  will  not  work  loose.  In  fused  rosettes,  the 
cover  must  fit  closely  over  the  base  so  as  to  prevent  the  accumulation 
of  dust  or  dirt  on  the  inside,  and  also  to  prevent  any  flash  or  melted 
metal  from  being  thrown  out  when  the  fuses  melt. 

g.  Rosettes  must  be  plainly  marked  where  the  marking  may 
re^ily  be  seen  after  the  rosette  has  been  installed,  with  the  name  or 


116 


CHAPTER  9 


trade-mark  of  the  manufacturer,  and  the  rating  in  amperes  and 
volts.  Fuseless  rosettes  may  be  rated  3 amperes,  250  volts;  fused 
rosettes,  with  link  fuses,  not  over  2 amperes,  125  volts. 

h.  Fused  rosettes  must  have  a fuse  in  each  pole  and  must  operate 
successfully  when  short-circuited  on  the  voltage  for  which  they  are 
designed,  the  test  being  made  with  the  2 fuses  in  circuit. 

§ 572.  Sockets. 

a.  Sockets  shall  be  classed  according  to  diameters  of  lamp  bases 
as  candelabra,  medium  and  mogul  base,  to  be  known  respectively 
as  }/2  inch,  1 inch  and  1 Y2  inch  nominal  sizes,  with  ratings  as  specified 
in  the  following  table: 


-Ratings.— 

Key. 

Max. 

Keyless. 

Max. 

amp. 

amp. 

Nominal 

at  any 

at  any 

diam. 

Watts.  Volts. 

Voltage. 

Watts.  Volts. 

voltage. 

Candelabra.  . 

. 1-2  in. 

75 

125 

3-4 

75 

125 

1 

Medium .... 

. . 1 in. 

250 

250 

2 1-2 

660 

250 

6 

*660 

250 

6 

660 

600 

Mogul 

.11-2  in. 

1500 

250 

t 

1500 

600 

Miniature  sockets  and  receptacles  having  screw  shells  smaller 
than  the  candelabra  size  may  be  used  for  decorative  lighting  sys- 
tems, Christmas  tree  lighting  outfits  and  similar  purposes. 

b.  All  sockets  and  receptacles  must  be  marked  with  the  name  or 

trade-mark  of  the  manufacturer  and  with  tl^e  watts  and  volts  which 
apply  to  the  class.  The  rating  marks  may  be  abbreviated,  as,  for 
example,  ^‘250  W.,  250  Each  lamp  holder  of  double-ended 

sockets  must  be  rated  as  specified  above,  the  device  being  marked 
with  a single  marking  applying  to  each  end. 

c.  Metal  used  for  shells  must  be  moderately  hard,  but  not  hard 
enough  to  be  brittle  or  so  soft  as  to  be  easily  dented  or  knocked  out 
of  shape.  Brass  shells  must  be  at  least  .13  inch  in  thickness  and  for 
mogul  sockets  not  less  than  .025  inch,  and  shells  of  any  other  ma- 
terial must  be  thick  enough  to  give  the  equivalent  stiffness  and 
strength. 

d.  The  inside  of  metal  shells  must  be  lined  with  insulating  ma- 
terial, which  must  absolutely  prevent  the  shell  from  becoming  a 
part  of  the  circuit,  even  though  the  wires  inside  the  sockets  should 
become  loosened  or  detached  from  their  position  under  the  terminal 
screws.  The  material  used  for  lining  must  be  at  least  1-32  inch  in 
thickness,  and  must  be  firm,  compact,  tough  and  tenacious.  It  must 
not  be  injuriously  affected  by  the  heat  from  the  largest  lamp  per- 
mitted in  the  socket,  and  must  leave  water  in  which  it  is  boiled  prac- 

* This  rating  may  be  given  only  to  sockets  having  a switch  mechan- 
ism which  produces  both  a quick  ^‘make”  and  a quick  ‘‘break’’ 
action. 

t Ratings  to  be  assigned  later,  pending  further  discussion  with 
manufacturers. 


ELECTRICAL  CONTROL 


117 


tically  neutral.  It  is  preferable  to  have  the  lining  in  one  piece.  The 
lining  must  not  extend  beyond  the  metal  shell  more  than  1-8  inch, 
but  must  prevent  any  current-carrying  part  of  the  lamp  base  from 
being  exposed  when  a lamp-  is  in  the  socket.  The  cap  must  also  be 
lined,  and  this  lining  must  comply  with  the  requirements  for  shell 
linings. 

e.  Caps  when  made  of  sheet  brass  must  be  at  least  .013  inch  in 
thickness  and  .025  for  mogul  sockets,  and  when  cast  or  made  of  other 
metals  must  be  of  equivalent  strength. 

The  inlet  piece  must  contain  sufficient  metal  for  5 full  threads,  and 
when  not  in  one  piece  with  the  cap  must  be  riveted  or  otherwise 
secured  to  give  the  strength  of  a single  piece.  There  must  be  suffi- 
cient room  in  the  cap  to  enable  the  ordinary  wireman  to  easily  and 
quickly  make  a knot  in  the  cord  and  to  push  it  into  place  in  the  cap 
without  crowding.  All  parts  of  the  cap  upon  which  the  knot  is 
likely  to  bear  must  be  smooth  and  well  insulated. 

f.  The  frame  which  holds  the  moving  parts  must  be  sufficiently 
heavy  to  give  ample  strength  and  stiffness.  Brass  pieces  containing 
terminal  screws  must  be  sufficiently  heavy  to  give  ample  strength 
and  stiffness,  and  have  at  least  .06  inch  of  thread  for  terminal  screws. 
Terminal  post  screws  must  not  be  smaller  than  No.  5 standard  screw, 
with  about  40  threads  per  inch. 

g.  For  candelabra  sockets  and  medium  size  sockets  rated  at  250 
volts,  points  of  opposite  polarity  must  everywhere  be  kept  not  less 
than  3-64  inch  apart,  and  for  mogul  sockets  and  sockets  rated  at  600 
volts  not  less  than  1-8  inch  apart,  provided,  however,  if  substantial 
barriers  of  approved  insulating  material  are  used  to  separate  such 
parts,  these  distances  may  be  correspondingly  reduced,  but  in  no 
event  must  the  separation  distances  measured  over  the  surfaces  of 
the  barriers  be  less  than  those  specified  above. 

h.  The  connecting  points  for  the  flexible  cord  must  be  made  to 
very  securely  grip  a No.  16  or  18  B.  & S.  gauge  conductor.  An  up- 
turned lug,  arranged  so  that  the  cord  may  be  gripped  between  the 
screw  and  the  lug  in  such  a way  that  it  cannot  possibly  come  out,  is 
strongly  advised. 

i.  The  socket  must  firmly  hold  the  lamp  in  place  so  that  it  cannot 
be  easily  jarred  out  and  must  provide  a contact  good  enough  to 
prevent  undue  heating  with  the  maximum  current  allowed.  The 
holding  pieces,  springs  and  the  like,  if  a part  of  the  circuit,  must  not 
be  sufficiently  exposed  to  allow  them  to  be  brought  in  contact  with 
anything  outside  of  the  lamp  and  socket. 

j.  The  base  on  which  current  carrying  parts  are  mounted  must 
be  of  porcelain  or  other  non-combustible,  non-absorptive,  insulating 
material  approved  for  such  use. 

k.  The  key  handle  must  not  soften  or  become  injured  when  used 
to  operate  the  socket  at  a temperature  of  150  degrees  Fahrenheit. 
The  handle  should  be  thoroughly  substantial  and  securely,  but  not 
necessarily  rigidly,  attached  to  the  spindle  or  lever  which  it  is  de- 
signed to  control. 

l.  All  screws  in  porcelain  pieces,  which  can  be  firmly  sealed  in 
place,  must  be  so  sealed  by  a waterproof  compound  which  will  not 
melt  below  200  degrees  Fahrenheit  (93  degrees  Centigrade). 


118 


CHAPTElt  9 


m.  The  socket  as  a whole  must  be  so  put  together  that  parts  will 
not  rattle  or  fall  apart  under  the  most  severe  conditions  they  are 
likely  to  meet  with  in  practice.  The  base  of  the  socket  must  be 
secured  or  held  in  the  shell  in  such  a manner  as  to  prevent  turning  or 
displacement  relative  to  the  shell. 

n.  Sockets  when  slowly  turned  ^‘on^^  and  at  a rate  of  ap- 

proximately 10  times  per  minute,  while  carrying  a load  of  .6  of  an 
ampere  at  125  volts  for  candelabra,  and  1 ampere  and  3 amperes  at 
250  volts  for  medium  sized  250  watt  and  660-volt  sockets,  respec- 
tively, must  ^‘make”  and  “ break the  circuit  6,000  times  before 
failing,  and  when  new  must  operate  successfully  at  least  50  times 
at  50  per  cent,  in  excess  of  the  above  currents,  based  on  either  125 
and  250  volts  direct  current  and  except  for  pull  sockets  when  oper- 
ated in  either  direction  in  any  position. 

o.  Keyless  sockets  of  all  kinds  must  comply  with  the  require- 
ments for  key  sockets  as  far  as  they  apply. 

p.  Sockets  made  of  porcelain  or  other  insulating  material  must 
conform  to  the  above  requirements  as  far  as  they  apply,  and  all 
parts  must  be  strong  enough  to  withstand  a moderate  amount  of 
hard  usage  without  breaking.  Lead  wires  permanently  attached  to 
sockets  and  sealed  in  place  must  have  separate  outlets  or  be  separated 
not  less  than  % inch  in  the  clear.  The  wires  must  be  stranded  and 
have  approved  insulating  coverings. 

q.  "When  the  socket  is  not  attached  to  a fixture,  the  threaded 
inlet  must  be  provided  with  a strong  insulating  bushing  having  a 
smooth  hole  at  least  9-32  inch  in  diameter.  The  edges  of  the  bushing 
must  be  rounded  and  all  inside  fins  removed,  so  that  in  no  place  will 
the  cord  be  subjected  to  the  cutting  or  wearing  action  of  a sharp 
edge. 

§ 573. 

§ 574.  Arc  lamps. 

a.  Arc  lamps  must  be  provided  with  reliable  stops  to  prevent 
carbons  from  falling  out  in  case  the  clamps  become  loose. 

b.  All  exposed  parts  must  be  carefully  insulated  from  the  circuit. 

c.  Arc  lamps  must,  for  constant  current  systems,  be  provided 
with  an  approved  hand  switch,  and  an  automatic  switch  that  will 
shunt  the  current  around  the  carbons,  should  they  fail  to  feed 
properly. 

d.  Terminals  must  be  designed  to  secure  a thoroughly  good  and 
permanent  contact  with  supply  wires,  which  contact  must  not  be- 
come loosened  by  motion  of  the  lamp  during  trimming. 

§ 575.  Spark  arresters. 

a.  Spark  arresters  must  so  close  the  uj)per  orifice  of  the  globe  that 
it  will  be  impossible  for  any  sparks,  thrown  off  by  the  carbons,  to 
escape. 

§ 576.  Insulating  joints. 

a.  Insulating  joints  must,  with  the  exception  of  exterior  finishing 
or  waterproofing  material,  be  made  entirely  of  material  that  will 
resist  the  action  of  illuminating  gases,  and  that  will  not  give  way 
or  soften  under  the  heat  of  an  ordinary  gas  flame. 

b.  Insulating  joints  must,  with  the  exception  of  insulating  studs 
designed  to  be  mounted  with  screws  or  bolts,  have  a substantial 


ELECTRICAL  CONTROL 


119 


exterior  metal  casing  insulated  from  both  screw  connections.  All 
exposed  surfaces  of  insulating  material  must  be  smooth,  hard  and 
waterproof. 

c.  Insulating  joints  must  show  a dielectric  strength  between  pipe 
attachments  and  betw’een  either  pipe  attachment  separately  and 
the  exterior  metal  casing  sufficient  to  resist  throughout  5 minutes 
the  application  of  an  A.  C.  electro-motive  force  of  4,000  volts. 

d.  Insulating  joints  must  be  sufficiently  strong  to  resist  the  strain 
to  which  they  are  liable  to  be  subjected  during  the  installation. 
Joints  made  for  attachment  to  pipes  of  nominal  3-4  inch  diameter  or 
smaller  must  be  able  to  withstand,  without  injury,  a twisting  effect 
at  least  as  great  as  that  required  to  cause  the  threads  to  give  way  on 
ordinary  commercial  iron  gas  pipe  of  the  largest  size  upon  which 
the  joint  can  be  threaded.  This  test  need  not  be  applied  to  insulating 
studs  designed  to  be  mounted  with  screws  or  bolts. 

e.  Insulating  joints  must  be  threaded  for  standard  iron  pipe 

(Brigg’s  standard  thread)  or  for  brass  tube  pipe  standard  thread 
as  given  in  the  following  table:  • 

Standard  Iron  Pipe. 


Actual  outside  No.  of  threads 
Trade  size.  diameter,  inches.  to  the  inch. 


1-8 .405  27 

1-4 .540  18 

3-8 .675  18 

1-2 .840  14 

3-4 1.050  14 

1 1.315  11  1-2 

1 1-4 1.660  11  1-2 

1 1-2 1.900  11  1-2 

2 2.375  11  1-2 

2 1-2 2.875  8 

3 3.500  8 


Joints  to  fit  standard  brass  tubing  having  outside  diameters  or 
trade  name  sizes  from  1-4  inch  to  3-4  inch  must  be  threaded  with 
27  threads  to  the  inch. 

§ 577.  Fixtures. 

a.  Fixtures  must  be  made  of  metal  or  hard  wood,  except  that  other 
approved  material  may  be  used  if  reinforced  by  metal  or  otherwise 
constructed  to  secure  requisite  mechanical  strength.  In  all  cases 
mechanical  strength  must  be  secured  practically  equivalent  to  an 
all-metal  fixture  of  similar  size  and  form. 

b.  All  arms  must  be  reliably  secured  to  prevent  turning.  Arms 
of  threaded  tubing  must  not  be  lighter  than  No.  18  B.  & S.  gauge 
and  with  screw  joints  of  arms  there  must  be  not  less  than  5 threads, 
all  engaging.  All  methods  of  fastening  arms  or  making  joints  be- 
tween metal  parts  by  soldering,  brazing  or  otherwise,  must  be  such 
as  to  secure  in  every  case  ample  strength  and  reliability.  Must  be 


120 


CHAPTER  9 


SO  assembled  as  to  furnish  accessibility  for  inspection,  or  in  lieu 
thereof  must  be  inspected  at  the  factory. 

c.  Sockets  must,  except  on  pendant  cords,  be  attached  to  the  metal 
of  the  fixtures  and  must  be  secured  in  a reliable  and  permanent 
manner.  Receptacles  having  exposed  terminals  must  not  be  used 
in  canopies  or  in  any  part  of  fixtures  unless  completely  enclosed  in 
metal. 

d.  All  burrs,  fins  and  sharp  edges  liable  to  injure  wire  coverings 
must,  where  practicable,  be  removed  or  rounded,  but  in  every  case 
it  must  be  possible  to  pull  in  and  also  to  withdraw  the  wires  without 
injuring  them.  Where  supply  wires  enter  fixture  stems  or  casings 
there  must  be  suitable  fittings  having  smooth  rounded  edges  to  pre- 
vent injury  to  the  wire  coverings.  In  non-metallic  fixtures  wire- 
ways  must  be  metal-lined,  unless  approved  armored  conductors  with 
suitable  fittings  are  used.  On  chains  or  similar  parts,  where  con- 
ductors are  not  completely  enclosed  in  metal,  wires  must  be  stranded 
and  must  have  rubber  insulation  not  less  than  1-32  inch  in  thickness 
or  approved  pendant.or  portable  cord  may  be  used. 

e.  Fixtures  must  be  marked  with  the  manufacturer's  name  or 
trade-mark. 

f.  Fixtures  must  be  tested  in  an  approved  manner  for  short  cir- 
cuits between  conductors  and  for  contacts  between  conductors  and 
metal  parts  of  fixtures. 

g.  Showcase  fixtures,  ceiling  bulls-eyes,  dome  fixtures  and  similar 
types  must  be  sufficiently  ventilated,  where  possible,  to  avoid  expos- 
ing the  wiring  to  high  temperatures  and  the  wiring  at  such  fixtures 
should  be  so  disposed  as  to  be  kept  as  free  as  possible  from  excessive 
temperatures. 

§ 578.  Rheostats,  resistance  boxes  and  equalizers. 

a.  Rheostats,  resistance  boxes  and  equalizers  must  be  made  en- 
tirely of  non-combustible  materials,  except  such  minor  parts  as 
handles,  magnet  insulation,  etc.  All  segments,  lever  arms,  etc.,  must 
be  mounted  on  non-combustible,  non-absorptive  insulating  material. 

b.  Rheostats,  resistance  boxes  and  equalizers  must  be  so  con- 
structed that  when  mounted  on  a plane  surface  the  casing  will  make 
contact  with  such  surface  only  at  the  points  of  support.  An  air 
space  of  at  least  1-4  inch  between  the  rheostat  casing  and  the  sup- 

Eorting  surface  will  be  required.  The  construction  throughout  must 
e heavy,  rugged  and  thoroughly  workmanlike, 

c.  Clamps  for  connecting  wires  to  the  terminals  must  be  so  de- 
signed as  to  insure  a thoroughly  good  connection,  and  must  be  suffi- 
ciently strong  and  heavy  to  withstand  considerable  hard  usage.  For 
currents  above  30  amperes,  lugs  into  which  the  connecting  wires 
may  be  soldered,  or  approved  solderless  connectors,  must  be  used. 
Clamps  or  lugs  will  not  be  required  when  leads  are  provided  as  a part 
of  the  device. 

d.  Rheostats,  resistance  boxes  and  equalizers  must  be  plainly 
marked,  where  the  marking  may  be  readily  seen  after  the  device  is 
installed,  with  the  rating  and  the  name  of  the  maker;  and  the  ter- 
minals of  motor-starting  rheostats  must  be  marked  to  indicate  to 
what  part  of  the  circuit  each  is  to  be  connected,  as  ^‘line,^^  ‘^arma- 
ture” and  “field.” 


ELECTRICAL  CONTROL 


121 


e.  The  design  of  the  fixed  and  movable  contacts  and  the  resistance 
in  each  section  must  be  such  as  to  secure  the  least  tendency  toward 
arcing  and  roughening  of  the  contacts,  even  with  careless  handling 
or  the  presence  of  dirt.  In  motor-starting  rheostats,  the  contact  at 
which  the  circuit  is  broken  by  the  lever  arm  when  moving  from  the 
running  to  the  starting  position  must  be  so  designed  that  there  will 
be  no  detrimental  arcing.  The  final  contact,  if  any,  on  which  the 
arm  is  brought  to  rest  in  the  starting  position  must  have  no  electrical 
connection. 

f.  Motor-starting  rheostats  must  be  so  designed  that  the  contact 
cannot  be  left  on  intermediate  segments,  and  for  direct  current  cir- 
cuits must  be  provided  with  an  automatic  device  which  will  interrupt 
the  supply  circuit  before  the  speed  of  the  motor  falls  to  less  than  1-3 
of  its  normal  value.  In  motor-starting  rheostats  for  alternating 
current  circuits  the  automatic  interrupting  device  may  be  omitted. 

g.  Overload-release  devices  which  are  inoperative  during  the 
process  of  starting  a motor  will  not  be  approved,  unless  other  circuit 
breakers  or  fuses  are  installed  in  connection  with  them. 

h.  Rheostats,  resistance  boxes  and  equalizers  must,  after  100  oper- 
ations under  the  most  severe  normal  conditions  for  which  the  device 
is  designed,  show  no  serious  burning  of  the  contacts  or  other  faults, 
and  the  release  mechanism  of  motor-starting  rheostats  must  not  be 
impaired  by  such  a test.  Field  rheostats,  or  main-line  regulators 
intended  for  continuous  use,  must  not  be  burned  out  or  depreciated 
by  carrying  the  full  normal  current  on  any  step  for  an  indefinite 
period.  Resistances  intended  for  intermittent  use  (such  as  on  electric 
cranes,  elevators,  etc.)  must  be  able  to  carry  their  rated  current  on 
any  step  for  as  long  a time  as  the  character  of  the  apparatus  which 
they  control  will  permit  them  to  be  used  continuously.  Starting  duty 
resistances  for  direct  current  motors  shall  be  so  constructed  that 
when  the  voltage  marked  on  the  name  plate  or  not  more  than  10 
per  cent,  in  excess  thereof  is  applied  to  the  main  line  terminals,  and 
the  starting  arm  or  other  starting  mechanism  is  operated  at  such 
a rate  that  the  current  through  the  resistance  does  not  fall  below  the 
rated  full  load  current,  and  this  test  is  continued  for  not  more  than  3 
minutes,  there  shall  be  no  resultant  flaming  or  molten  droppings; 
or  if  the  resistance  conductor  is  fused,  the  arc  or  any  attendant 
flame  or  molten  droppings  shall  be  confined  within  the  rheostat. 
Starting  duty  resistances  for  alternating  current  motors  shall  be 
tested  as  specified  above  for  direct  current  starting  resistances, 
except  that  for  starters  especially  designed  for  squirrel  cage  or  single 
phase  motors  the  test  conditions  shall  be  so  modified  either  by  re- 
duction in  the  applied  voltage  or  by  the  use  of  supplementary  re- 
sistances as  to  produce  approximately  the  same  current  conditions 
as  will  be  met  with  in  service.  Continuous  duty  resistances  shall 
either  be  so  constructed  that  if  the  resistive  conductor  be  fused  the 
arc  or  any  attendant  flame  or  molten  droppings  shall  be  confined 
within  the  rheostat  or  they  shall  be  constructed  with  such  capacity 
that  if  subjected  to  a current  flow  throughout  the  entire  rheostat, 
25  per  cent,  in  excess  of  that  at  which  they  are  rated,  for  a period  of 
2 hours,  there  shall  be  no  resultant  flaming  or  molten  droppings. 

§ 579.  Auto-starters. 


122 


CHAPTER  9 


a.  Coils  and  switches  of  auto-starters  used  in  dusty  and  linty 
places  or  where  exposed  to  flyings  of  combustible  material,  must  be 
completely  enclosed  in  substantial  metal  cases  so  constructed  as  to 
effectually  exclude  ordinary  dust,  lint  or  flyings  of  combustible 
material. 

Auto-starters  used  in  places  where  the  above  conditions  do  not 
exist,  may  be  of  any  approved  type.  Cases  for  either  transformer 
coils  or  swatches  must  provide  for  access  to  the  interior  for  inspection 
and  for  renewal  of  oil,  and  must  be  so  constructed  that  when  mounted 
on  a plain  surface  the  casing  will  make  contact  with  such  surface 
only  at  points  of  support.  An  air  space  at  least  inch  between  the 
casing  and  supporting  surface  will  be  required.  The  oil  tank  shall 
be  marked  in  a suitable  manner  to  indicate  the  proper  oil  level.  The 
switch  must  provide  an  off  position,  a running  position  and  at  least 
one  starting  position.  It  must  be  so  arranged  that  it  will  be  held  in 
off  and  running  positions  but  cannot  be  left  in  a starting  position 
or  without  the  proper  running  overload  protective  devices  in  the 
circuit.  The  construction  throughout  must  be  thoroughly  sub- 
stantial. 

b.  Clamps  for  connecting  wires  to  the  terminal  boards  must  be 
so  designed  as  to  insure  a thoroughly  good  connection  and  must  be 
sufficiently  strong  and  heavy  to  withstand  considerable  hard  usage. 
For  currents  above  30  amperes,  lugs  into  which  the  connecting  wires 
may  be  soldered,  or  approved  solderless  connectors,  must  be  used. 
Clamps  or  lugs  will  not  be  required  when  leads  are  provided  as  a 
part  of  the  device. 

c.  Auto-starters  must  be  plainly  marked,  where  the  marking  may 
be  readily  seen  after  the  device  is  installed,  with  the  rating  and 
name  of  the  maker;  terminals  to  be  so  marked  as  to  indicate  to  what 
part  of  the  circuit  each  is  to  be  connected. 

d.  The  insulation  of  the  completely  assembled  apparatus  must 
withstand  for  1 minute  a potential  test  between  live  metal  parts  and 
frame,  core  and  case  as  follows: 


Rate  terminal  voltage  of  circuit.  Testing  voltage. 


Not  exceeding  400  volts 1500  volts 

401-800  2000 

801-1200 3500 

1201-2500 > 5000 

2500  up Double  normal  rated 

voltages 


e.  With  full  line  voltage  applied  to  line  terminals  and  current  taken 
from  taps  giving  between  40  and  60  per  cent,  of  the  normal  line 
voltage,  300  per  cent,  of  full  load  current  of  the  motor  applied  for 
the  first  15  seconds  of  each  4-minute  period  for  not  more  than  1 
hour  auto-starters  must  show  no  resultant  flaming  or  molten  drop- 
pings. The  oil,  if  any,  in  which  the  transformer  windings  are  im- 
mersed shall  not  overflow  the  containing  case. 

§ 580.  Reactive  coils  and  condensers. 

a.  Reactive  coils  must  be  made  of  non-combustible  material, 


ELECTRICAL  CONTROL 


123 


mounted  on  non-combustible  bases  and  treated,  in  general,  as  sources 
of  heat. 

b.  Condensers  must  be  treated  like  other  apparatus  operating 
with  equivalent  voltage  and  currents.  They  must  have  non- 
combustible cases  and  supports,  and  must  be  isolated  from  all 
combustible  materials  and,  in  general,  treated  as  sources  of  heat. 

§ 581.  Transformers. 

1.  Air  cooled  transformers. 

a.  Air  cooled  transformers  must  be  placed  in  substantial  metallic 
or  other  non-combustible  cases,  which  completely  enclose  all  current- 
carrying  parts,  with  the  exception  of  the  terminals  of  the  secondary 
winding  of  bell  or  other  signaling  transformers  which  may  be  mounted 
outside  the  casing.  Air  cooled  transformers  must  be  so  constructed 
that  when  mounted  on  a plane  surface  the  casing  will  make  contact 
with  such  surface  only  at  the  points  of  support.  An  air  space  of  at 
least  34  inch  between  the  transformer  casing  and  the  supporting 
surface  will  be  required.  The  construction  throughout  must  be 
substantial  and  thoroughly  workmanlike. 

b.  Air  cooled  transformers  must  be  plainly  marked,  where  the 
marking  will  be  readily  seen  after  the  transformer  is  installed,  with 
the  name  of  maker,  with  the  frequency,  the  primary  and  all  second- 
ary voltages,  and  the  rated  capacity  in  kilo-volt-amperes. 

c.  Air  cooled  transformers  must  be  constructed  to  comply  with 
the  following  tests: 

1.  The  secondary  winding  shall  be  short  circuited  and  normal 
voltage  shall  be  applied  to  the  primary  winding  for  a period  suffi- 
ciently long  either  to  cause  a burnout  or  to  cause  the  casing  to  at- 
tain a constant  temperature.  If  the  transformers  when  so  tested 
burn  out  there  shall  be  no  escape  of  flames  or  molten  metal. 

2.  When  heated  to  normal  full  load  operating  temperature  the 
insulation  of  the  transformer  shall  withstand  continuously  for  1 
minute  a difference  of  potential  (alternating),  between  high  voltage 
coils  and  between  the  high  voltage  coils  and  the  core,  in  accordance 
with  the  standardization  rules  of  the  American  Institute  of  Electrical 
Engineers. 

2.  Bell  ringing  or  other  signaling  transformers. 

d.  Transformers  for  bell-ringing  or  other  signaling  service  only 
must  be  constructed  in  accordance  with  the  following  specifications 
and  may  be  approved  for  use  when  all  wiring  on  the  primary  side 
is  in  accordance  with  the  requirements  of  article  4 of  this  chapter. 

e.  Must  comply  with  the  requirements  of  paragraphs  a and  b of 
this  section  and  also  with  the  following  specifications: — 

1.  Provision  shall  be  made  for  connecting  the  primary  winding 
to  the  supply  circuit  by  leads  of  approved  rubber-covered  wire  not 
smaller  than  No.  14  B.  & S.  gauge,  which  must  be  securely  soldered 
within  the  case  to  the  ends  of  the  primary  coil.  These  leads  must 
pass  through  the  walls  of  the  case  through  insulating  bushings  which 
must  separately  insulate  each  conductor.  The  leads  must  extend 
at  least  6 inches  outside  the  case  and  provision  must  be  made  to 
prevent  strain  coming  on  the  points  where  the  leads  are  attached  to 
the  primary  winding. 

2.  The  primary  voltage  rating  shall  not  be  over  125  volts. 


124 


CHAPTER  9 


3.  The  design  of  the  transformer  shall  be  such  that  when  any  2 
secondary  terminals  are  short-circuited,  while  110  volts  (60  cycles) 
are  impressed  on  the  primary,  the  input  measured  by  a watt  meter 
in  the  primary  circuit  shall  not  be  more  than  25  watts. 

4.  In  addition  to  the  test  prescribed  in  paragraph  c of  this  section, 
the  transformers  shall  be  run  at  normal  primar^^  voltage  and  with 
secondary  short  circuited  until  a constant  temperature  is  reached 
as  indicated  by  a mercury  thermometer  on  the  outside  of  the  case. 
The  rise  in  temperature  so  measured  shall  not  exceed  50  degrees 
Centigrade.  At  the  end  of  the  heating  test  above,  the  insulation 
shall  withstand  for  1 minute  the  application  of  2,500  volts  A.  C. 
between  primary  and  secondary  coils  and  between  primary  and  the 
core  or  case. 

5.  The  proper  terminals  must  be  marked  ^^Line^^  and  ^^Bell.^^ 

§ 582.  Lightning  arresters. 

a.  Lightning  arresters  must  be  of  approved  construction. 

§ 583.  Electric  Signs  (for  Low  Potential  System  Only). 

a.  Electric  signs  shall  be  constructed  entirely  of  metal,  or  other 
incombustible  material,  except  the  insulation  thereof.  Sheet  metal 
must  be  not  less  than  No.  28  U.  S.  sheet  metal  gauge.  All  metal 
must  be  galvanized,  enameled,  treated  with  at  least  3 coats  of  anti- 
corrosive paint,  or  otherwise  protected  in  an  approved  manner 
against  corrosion. 

b.  Electric  signs  must  be  so  constructed  as  to  secure  ample 
strength  and  rigidity. 

Electric  signs  must  be  so  constructed  as  to  be  practically  weather- 
proof and  so  as  to  enclose  all  terminals  and  wiring  other  than  the 
supply  leads,  except  that  open  work  will  be  permitted  for  signs  on 
roofs  or  open  ground  where  not  subject  to  mechanical  injury,  pro- 
vided the  wiring  is  in  accordance  with  paragraph  e of  this  section. 
Cut-outs,  transformers,  unless  of  weatherproof  type,  flashers  and 
other  similar  devices  on  or  within  the  sign  structure,  must  be  in  a 
separate,  completely  enclosed,  accessible  and  weatherproof  compart- 
ment, or  in  a substantial  weatherproof  box  or  cabinet  of  metal  of 
thickness  not  less  than  that  of  the  metal  of  the  sign  itself.  Each 
compartment  must  have  suitable  provision  for  drainage  through  one 
or  more  holes  each  not  less  than  34  inch  in  diameter. 

c.  Electric  signs  must  have  the  maker’s  name  or  trade-mark 
permanently  attached  to  the  exterior. 

d.  Receptacles  must  be  so  designed  as  to  afford  permanent  and 
reliable  means  to  prevent  possible  turning;  must  be  so  designed 
and  placed  that  terminals  will  be  at  least  inch  from  other  ter- 
minals, and  from  metal  of  the  sign,  except  that  where  open  work  is 
permitted  this  separation  must  be  1 inch.  Miniature  receptacles 
will  not  be  approved  for  use  in  outdoor  signs. 

e.  Wiring  must  be  approved  rubber  covered,  not  less  than  No.  14 
B.  & S.  gauge,  and,  except  where  open  work  is  permitted,  must  be 
double  braided.  Wiring  must  be  neatly  run  and  so  disposed  and 
fastened  as  to  be  mechanically  secure.  Wires  must  be  soldered  to 
terminals,  and  exposed  parts  of  wires  and  terminals  must  be  treated 
to  prevent  corrosion.  Wires  must,  where  they  pass  through  walls 
or  partitions  of  the  sign  be  protected  by  approved  bushings.  On 


ELECTRICAL  CONTROL 


125 


outside  of  sign  structure,  except  where  open  work  is  permitted,  wires 
must  be  in  approved  metal  conduit  or  in  approved  lead  sheathed 
armored  cable.  For  open  work,  wires  must  be  rigidly  supported  on 
non-combustible  non-absorptive  insulators  which  separate  the  wires 
at  least  1 inch  from  the  surface  wired  over.  Rigid  supporting  re- 
quires, under  ordinary  conditions  where  wiring  over  flat  surfaces, 
supports  at  least  every  feet.  If  the  wires  are  liable  to  be  dis- 
turbed the  distances  between  supports  should  be  shortened.  In 
those  parts  of  circuits  where  wires  are  connected  to  approved  recep- 
tacles which  hold  them  at  least  1 inch  from  surface  wired  over,  and 
which  are  placed  not  over  1 foot  apart,  such  receptacles  will  be  con- 
sidered to  afford  the  necessary  support  and  spacing  of  the  wires. 
Between  receptacles  more  than  1 foot,  but  less  than  2 feet  apart,  an 
additional  non-combustible,  non-absorptive  insulator  maintaining 
separation  and  spacing  equivalent  to  the  receptacles,  must  be  used. 
Except  as  above  specified  wires  must  be  kept  apart  at  least  23^ 
inches  for  voltages  up  to  300,  and  4 inches  for  higher  voltages. 

f.  Leads  from  signs  must  pass  through  the  walls  of  the  sign  either 
through  approved  metal  conduit  or  armored  cable,  or  must  be 
neatly  cabled  and  pass  through  one  or  more  bushings  of  approved 
non-combustible,  non-absorptive  insulated  bushings. 

g.  Not  over  1,320  watts  shall  be  dependent  upon  final  cut-out. 

Article  6. — Miscellaneous. 

Section  685.  Signaling  systems. 

686.  Wireless  telegraph  apparatus. 

687.  Electric  gas  lighting. 

688.  Insulation  resistance. 

Section  685.  Signaling  systems. 

I.  Outside  wires,  a.  Outside  wires  must  be  run  in  underground 
ducts  or  strung  on  poles,  and  kept  off  the  roofs  of  buildings,  except 
by  special  permission,  and  must  not  be  placed  on  the  same  cross- 
arm  with  electric  light  or  power  wires.  They  must  not  occupy  the 
same  duct,  manhole  or  handhole  of  conduit  systems  with  electric 
light  or  power  wires.  Single  manholes,  or  handholes  separated  into 
sections  by  means  of  partitions  of  brick  or  tile  will  be  considered  as 
conforming  with  the  above  requirement.  When  the  entire  circuit 
from  central  station  to  building  is  run  in  underground  conduits, 
paragraphs  b to  m inclusive  of  this  section  do  not  apply. 

b.  When  outside  wires  are  run  on  same  pole  with  electric  light  or 
power  wires,  the  distance  between  the  two  inside  pins  of  each  cross- 
arm  must  not  be  less  than  24  inches.  When  the  wires  are  carried  in 
approved  cables,  paragraphs  c,  d and  e of  this  section  do  not  apply. 

c.  Where  wires  are  attached  to  the  outside  walls  of  buildings, 
they  must  have  an  approved  rubber  insulating  covering,  and  on 
frame  buildings  or  frame  portions  of  other  buildings  shall  be  sup- 
ported on  glass  or  porcelain  insulators,  or  knobs. 

d.  The  wires  from  last  outside  support  to  the  cut-outs  or  pro- 
tectors must  be  of  copper,  and  must  have  an  approved  rubber  in- 
sulation; must  be  provided  with  drip  loops  immediately  outside  the 
building  and  at  entrance. 

e.  Wires  must  enter  building  through  approved  non-combustible. 


126 


CHAPTER  9 


non-absorptive  insulating  bushings  sloping  upward  from  the  outside, 
and  both  wires  may  enter  through  the  same  bushing,  if  desired 

2.  Ten  arnpere  installations,  f.  An  all-metallic  circuit  shall  be 
provided,  except  in  telegraph  systems. 

g.  At  the  entrance  of  wires  to  building,  approved  single  pole  cut- 
outs, designed  for  251-600  volts  potential  and  containing  fuses 
rated  at  not  over  10  amperes  capacity,  shall  be  provided  for  each 
wire.  These  cut-outs  must  not  be  placed  in  the  immediate  vicinity 
of  easily  ignitable  stuff,  or  where  exposed  to  inflammable  gases,  or 
dust  or  to  flyings  of  combustible  material. 

h.  The  wires  inside  building  shall  be  of  copper  not  less  than  No.  16 
B.  & S.  gauge,  and  must  have  insulation  and  be  supported,  the  same 
as  would  be  required  for  an  installation  of  electric  light  or  power 
wiring,  0-600  volts  potential. 

i.  The  instruments  shall  be  mounted  on  bases  constructed  of 
non-combustible,  non-absorptive  insulating  material.  Holes  for 
the  supporting  screws  must  be  so  located,  or  counter-sunk,  that  there 
will  be  at  least  1-2  inch  space,  measured  over  the  surface,  between 
the  head  of  the  screw  and  the  nearest  live  metal  part. 

3.  Less  than  10  ampere  installations,  j.  Wires  must  be  provided 
with  an  approved  protective  device  located  as  near  as  possible  to 
the  entrance  of  wires  to  building.  The  protector  must  not  be  placed 
in  the  immediate  vicinity  of  easily  ignitable  stuff,  or  where  exposed 
to  inflammable  gases  or  dust  or  flyings  of  combustible  materials. 

k.  Wires  from  entrance  to  building  to  protector  must  be  sup- 
ported on  porcelain  insulators,  so  that  they  will  come  in  contact 
with  nothing  except  their  designed  supports. 

l.  The  ground  wire  of  the  protective  device  shall  be  run  in  ac- 
cordance with  the  following  requirements: — 

1.  Shall  be  of  copper  and  not  smaller  than  No.  18  B.  & S.  gauge. 

2.  Must  have  an  insulating  covering  approved  for  voltages  from 
0 to  600,  except  that  the  preservative  compound  may  be  omitted. 

3.  Must  run  in  as  straight  a line  as  possible  to  a good  permanent 
ground.  This  may  be  obtained  by  connecting  to  a water  or  gas 
pipe  connected  to  the  street  mains  or  to  a ground  rod  or  pipe  driven 
m permanently  damp  earth.  When  connections  are  made  to  pipes, 
preference  shall  be  given  to  water  pipes.  If  attachment  is  made 
to  gas  pipe,  the  connection  in  all  cases  must  be  made  between  the 
meter  and  the  street  mains.  In  every  case  the  connection  shall  be 
made  as  near  as  possible  to  the  earth.  When  the  ground  wire  is 
attached  to  a water  pipe  or  a gas  pipe,  it  may  be  connected  by 
means  of  an  approved  ground  clamp  fastened  to  a thoroughly  clean 
portion  of  said  pipe,  or  the  pipe  shall  be  thoroughly  cleaned  and 
tinned  with  rosin  flux  solder,  and  the  ground  wire  shall  then  be 
wrapped  tightly  around  the  pipe  and  thoroughly  soldered  to  it. 
When  the  ground  wire  is  attached  to  a ground  rod  driven  into  the 
earth,  the  ground  wire  shall  be  soldered  to  the  rod  in  a similar  man- 
ner. Steam  or  hot- water  pipes  must  not  be  used  for  a protector 
ground. 

m.  The  protector  to  be  approved  must  comply  with  the  followdng 
requirements: 

1.  For  instrument  circuits  of  telegraph  systems,  an  approved 


ELECTRICAL  CONTROL 


127 


single  pole  cut-out  in  each  wire,  designed  for  2,000  volts  potential, 
and  containing  fuses  rated  at  not  over  1 ampere  capacity.  When 
main  line  cut-outs  are  installed  as  called  for  in  paragraph  g of  this 
section  the  instrument  cut-outs  may  be  placed  between  the  switch- 
board and  the  instrument  as  near  the  switchboard  as  possible 

2.  In  all  other  systems  the  protector  must  be  mounted  on  non- 
combustible, non-absorptive  insulating  bases,  so  designed  that  when 
the  protector  is  in  place,  all  parts  which  may  be  alive  will  be  thor- 
oughly insulated  from  the  wall  to  which  the  protector  is  attached. 
The  protector  must  have  the  following  parts: 

^ A lightning  arrester  which  will  operate  with  a difference  of  poten- 
tial between  wires  of  not  over  500  volts,  and  so  arranged  that  the 
chance  of  accidental  grounding  is  reduced  to  a minimum. 

A fuse  designed  to  open  the  circuit  in  case  the  wires  become  crossed 
with  light  or  powder  circuits.  The  fuse  must  be  able  to  open  the 
circuit  without  arcing  or  serious  flashing  when  crossed  with  an 
ordinary  commercial  light  or  power  circuit. 

A heat  coil,  if  the  sensitiveness  of  the  instrument  demands  it, 
which  will  operate  before  a sneak  current  can  damage  the  instru- 
ment the  protector  is  guarding. 

Heat  coils  are  necessary  in  all  circuits  normally  closed  through 
magnet  windings,  which  cannot  indefinitely  carry  a current  of  at 
least  5 amperes. 

The  heat  coil  is  designed  to  warm  up  and  melt  out  with  a current 
large  enough  to  endanger  the  instruments  if  continued  for  a long 
time,  but  so  small  that  it  would  not  blow  the  fuses  ordinarily  found 
necessary  for  such  instruments. 

3.  The  fuses  must  be  so  placed  as  to  protect  the  arrester  and  heat 
coils,  and  the  protector  tenninals  must  be  plainly  marked  ‘Mine,” 
“instrument,”  “ground.”  An  easily  read  abbreviation  of  the  above 
words  will  be  allowed. 

4.  Generally.  The  following  rules  apply  to  all  systems  whether 
the  wires  from  the  central  office  to  the  building  are  overhead  or 
underground: 

n.  Wires  beyond  the  protector,  or  wires  inside  buildings  where 
no  protector  is  used,  must  be  neatly  arranged  and  securely  fastened 
in  place  in  some  convenient,  workmanlike  manner.  They  must  not 
come  nearer  than  2 inches  to  any  electric  light  or  power  wire  in  the 
building,  unless  separated  therefrom  by  some  continuous  and 
firmly  fixed  non-conductor  creating  a permanent  separation;  this 
non-conductor  to  be  in  addition  to  the  regular  insulation  on  the  wire. 

o.  Wires  where  bunched  together  in  a vertical  run  within  any 
building  must  have  a fire-resisting  covering  sufficient  to  prevent 
the  wires  from  carrying  fire  from  floor  to  floor  unless  they  are  run 
either  in  non-combustible  tubing  or  in  a fireproof  shaft,  which  shaft 
must  be  provided  with  fire  stops  at  each  floor.  Signaling  wires  and 
electric  light  or  power  wires  may  be  run  in  the  same  shaft,  provided 
that  one  of  these  classes  of  wires  is  run  in  non-combustible  tubing, 
or  provided  that  when  run  otherwise  these  two  classes  of  wires  shall 
be  separated  from  each  other  by  at  least  2 inches.  In  no  case  shall 
signaling  wires  be  run  in  the  same  tube  with  electric  light  or  power 
wires. 


128 


CHAPTER  9 


р.  Transformers  or  other  devices  for  supplying  current  to  signal- 
ing systems  from  light,  heat  or  power  circuits  must  be  of  a design 
expressly  approved  for  this  purpose.  The  primary  wiring  must 
be  installed  in  accordance  with  the  requirements  of  article  4 of  this 
chapter,  and  the  secondary  wiring  in  accordance  with  this  article. 

§ 686.  Wireless  telegraph  apparatus. 

In  setting  up  wireless  telegraph  apparatus,  all  wiring  within  the 
building  must  conform  to  the  requirements  of  this  chapter  for  the 
class  of  work  installed  and  the  following  additional  specifications: 

a.  Aerial  conductors  must  be  permanently  and  effectively  groxmded 
at  all  times  when  station  is  not  in  operation  by  a conductor  not  smaller 
than  No.  4 B.  & S.  gauge  copper  wire,  run  in  as  direct  line  as  pos- 
sible to  water  pipe  at  a point  on  the  street  side  of  all  connections  to 
said  water  pipe  within  the  premises,  or  to  some  other  equally  satis- 
factory earth  connection. 

b.  Aerial  conductors  when  grounded  as  above  specified  must  be 
effectually  cut  off  from  all  apparatus  within  the  building. 

с.  Or  the  aerial  must  be  permanently  connected  at  all  times  to 
earth  in  the  manner  specified  above,  through  a short-gap  lightning 
arrester,  said  arrester  to  have  a gap  of  not  over  .015  inch  between 
brass  or  copper  plates  not  less  than  2 1-2  inches  in  length  parallel 
to  the  gap,  and  1 1-2  inches  the  other  way  with  a thickness  of  not 
less  than  1-8  inch  mounted  upon  non-combustible,  non-absorptive 
insulating  material  of  such  dimensions  as  to  give  ample  strength. 
Other  approved  arresters  of  equally  low  resistance  and  equally  sub- 
stantial construction  may  be  used. 

d.  In  cases  where  the  aerial  is  grounded  as  specified  in  paragraph  a 
of  this  section,  the  switch  employed  to  join  the  aerial  to  the  ground 
connection  shall  not  be  smaller  than  a standard  100  ampere  knife 
switch. 

e.  Where  supply  is  obtained  direct  from  the  street  service  the 
circuit  must  be  installed  in  approved  metal  conduits  or  armored 
cable.  In  order  to  protect  the  supply  system  from  high  potential 
surges,  there  must  be  inserted  in  circuit  either  a transformer  having 
a ratio  which  will  give  a potential  on  the  secondary  leads  not  to  ex- 
ceed 550  volts,  or  two  condensers  in  series  across  the  line  the  con- 
nection between  said  condensers  to  be  permanently  and  effectually 
grounded.  These  condensers  should  have  capacity  of  not  less  than 
Yi  micro-farad. 

§ 687.  Electric  gas  lighting. 

a.  Electrical  gas  lighting,  unless  it  is  the  frictional  system,  must 
not  be  used  on  the  same  fixture  with  the  electric  light. 

§ 688.  Insulation  resistance. 

The  wiring  in  any  building  must  comply  with  the  following  re- 
quirements: The  complete  installation  must  have  a resistance  be- 
tween conductors  and  between  all  conductors  and  the  ground  (not 
including  attachments,  sockets,  receptacles,  etc.)  not  less  than  that 
given  in  the  following  table: 

Up  to  5 amperes 4,000,000  ohms 

Up  to  10  amperes 2,000  000  ohms 

Up  to  25  amperes 800,000  ohms 

Up  to  50  amperes 400,000  ohms 


EXPLOSIVES  AND  HAZAKDOUS  TRADES 


129 


Up  to  100  amperes 200,000  ohms 

Up  to  200  amperes 100,000  ohms 

Up  to  400  amperes 50,000  ohms 

Up  to  800  amperes 25,000  ohms 

Up  to  1,600  amperes 12,500  ohms 


The  test  must  be  made  with  all  cut-outs  and  safety  devices  in 
place.  If  the  lamp  sockets,  receptacles,  electroliers,  etc.,  are  also 
connected,  only  one-half  of  the  resistance  specified  in  the  table  will 
be  required. 


Article  7. — Violations. 

Section  700.  Violations.  Any  person  who  shall  violate  any  pro- 
vision of  this  chapter,  or  fail  to  comply  with  any  requirement  thereof, 
or  who  shall  violate  or  fail  to  comply  with  any  order  or  regulation 
of  the  commissioner  made  thereunder,  or  who,  being  the  holder  of  a 
special  permit,  as  defined  in  subdivision  7 of  section  1 of  this  chapter, 
shall  install,  alter  or  repair  any  electric  wiring  or  appliance  for  light, 
heat  or  power,  in  violation  of  the  terms  of  such  special  permit  or 
any  provision  of  this  chapter,  shall,  for  each  and  every  such  violation 
or  non-compliance  forfeit  and  pay  a penalty  in  the  sum  of  $50. 

Chapter  10. — Explosives  and  Hazardous  Trades. 

Article  1. — General  Provisions, 

Section  1.  Definitions. 

2.  Construction  of  chapter. 

3.  Federal  Government. 

4.  City  officers. 

5.  Seizure  of  contraband  material. 

6.  Revenues,  disposition  of. 

7.  Electrical  perils,  protection  against. 

8.  Smoking  prohibited. 

9.  Fire  extinguishing  appliances. 

10.  Hazardous  industries. 

11.  Permits. 

Section  1.  Definitions. 

I- 5,  p.  162. 

6.  Repealed  Ord.  May  25,  1915. 

7-9,  p.  162. 

10.  Repealed  Ord.  May  25,  1915. 

II- 12,  p.  162. 

12  (a).  Container  capacity,  the  cubic  measure  of  the  container. 
(New.) 

13-15,  p.  162. 

16.  Fire  retarding  material,  asbestos  board  in  two  lavers,  each 
one-fourth  inch  in  thickness,  the  second  layer  breaking  joints  in  all 
directions  with  the  first,  or  plaster  boards  cocoa  fiber  filled,  covered 
with  lap  jointed  metal,  not  less  than  26  B.  & S.  gauge  in  thickness, 
and  any  other  material  that  has  successfully  passed  the  one  hour 
fire  test  prescribed  by  the  industrial  board  of  the  State  Labor  De- 
partment under  date  of  October  29,  1914.  (Amend.  May  25,  1915.) 

9 


130 


CHAPTEK  10 


17-22,  p.  163. 

23.  Inflammable  motion  picture  film,  a film  made  of  nitro-cellulose 
product  or  other  inflammable  substance,  used  for  the  purpose  of 
displaying  motion  pictures  for  exhibition.  (Amend.  May  25, 
1915.) 

24-30,  p.  163. 

30  (a)  Oil  selling  station,  an  authorized  building,  shed  or  en- 
closure, or  any  portion  thereof,  in  which  the  business  of  storing  and 
selling  volatile  inflammable  oil  to  passing  motor  vehicles  is  con- 
ducted, but  where  motor  vehicles  are  not  stored.  (Amend.  May  25, 
1915.) 

30  (b)  Oil  Storage  Plant,  a building,  shed,  enclosure  or  premises, 
or  any  portion  thereof,  in  which  petroleum  or  shale  oil  or  the  liquid 
products  thereof,  or  of  coal  tar,  are  stored  or  kept  for  sale  in  large 
quantities,  in  tanks,  barrels  or  approved  floating  barges.  (Amend. 
May  25,  1915.) 

31.  p.  164. 

32.  Private  garage,  a garage  in  which  motor  vehicles  containing 
volatile  inflammable  oil  are  stored,  housed  or  kept,  which  are  not 
for  sale,  rent  or  hire,  or  subject  to  charges  for  storage,  or  used 
exclusively  for  business  purposes.  (Amend.  May  25,  1915.) 

33.  Public  or  commercial  garage,  any  garage,  not  included  within 
the  definition  of  private  garage  in  this  section.  (Amend.  May  25, 
1915.) 

34-37,  p.  164. 

38-39.  Repealed  Ord.  May  25,  1915. 

40-44,  p.  164. 

45.  Working  or  filling  pressure,  the  pressure  at  70  degrees  Fahren- 
heit. (Amend.  May  25,  1915.) 

§ 2.  Construction  of  chapter.  Whenever  in  this  chapter  a speci- 
fied article  treats  of  any  substance,  trade  or  industry,  such  regula- 
tions shall  control  and  have  precedence  over  any  conflicting  reference 
or  regulation  covering  the  same  substance,  business,  trade  or  in- 
dustry made  in  any  other  portion  of  this  chapter.  (Amend.  May  25, 
1915.) 

§§  3-9,  p.  166. 

§ 10.  Hazardous  industries.  Except  as  otherwise  provided  in  this 
chapter,  no  person  shall  conduct  a hazardous  or  dangerous  industry, 
trade,  occupation  or  business,  requiring  the  storage,  sale  or  use  of 
any  explosives,  inflammable,  combustible  or  other  dangerous  sub- 
stance, article,  compound  or  mixture,  without  a permit,  issued  upon 
such  conditions  as  are  deemed  by  the  fire  commissioner  necessary  in 
the  interest  of  public  safety.  (Amend.  May  25,  1915.) 

§ 11.  Permits.  The  sale,  storage,  use,  manufacture  or  transporta- 
tion of  any  combustible,  inflammable  or  explosive  article,  thing,  sub- 
stance or  compound  to  which  this  chapter  applies,  without  a permit 
in  writing^from  the  fire  commissioner,  except  where  hone  is  provided 
for  in  this  chapter,  is  hereby  prohibited.  Where  separate  regulations 
require  permits  for  two  or  more  departments  or  branches  of  the  same 
business  conducted  in  the  same  establishment,  all  such  departments 
or  branches  may  be  included  in  a single  permit,  the  fee  to  be  fixed 
by  the  fire  comhiissioner.  (New  Ord.  May  25,  1915.) 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


131 


Article  2. — Certificates  and  Permits. 

§ 20,  p.  166. 

§ 21.  Certificate  of  fitness.  ^ 

1.  Qualifications.  An  applicant  for  a certificate  of  fitness  must — 

(a)  Be  at  least  21  years  of  age; 

(b)  Have  a reasonable  understanding  of  the  English  language  and 
be  able  to  answer  satisfactorily  such  questions  as  may  be  asked 
him  upon  his  examination; 

(c)  Produce  such  evidence  of  his  character,  habits  and  past  em- 
ployment as  may  be  satisfactory  to  the  Commissioner; 

(d)  Pass  an  examination,  by  a person  or  body  designated  by  the 
fire  commissioner,  upon  the  law  and  ordinance  regulations  governing 
the  transportation,  storage  and  use  of  the  substance,  compound  or 
article  relating  to  or  connected  with  the  service  to  be  performed  by 
him;  upon  the  risks  incident  to  his  employment,  and  upon  his  knowl- 
edge of  the  precautions  necessary  to  be  taken  in  connection  there- 
with; provided,  however,  that  such  examination  may  be  waived  at 
the  discretion  of  the  fire  commissioner  upon  application  for  renewals 
of  such  certificates.  Upon  the  approval  of  such  examiner  or  examin- 
ing body,  the  fire  commissioner  may  issue  to  him  a certificate  of 
fitness.  An  applicant  for  such  certificate,  who  has  failed  to  pass  a 
satisfactory  examination  may  renew  his  application  after  the  ex- 
piration of  3 months  from  the  date  of  his  last  examination. 

(e)  In  addition  to  the  foregoing  requirements,  an  applicant  in 
order  to  obtain  an  original  certificate  of  fitness  as  a blaster,  must 
present  satisfactory  evidence  of  experience  in  handling  high  explo- 
sives, either  as  a blaster  or  a blaster's  helper,  for  a period  of  not  less 
than  two  years,  and  that  he  is  properly  qualified  to  perform  the 
duties  of  a blaster.  (Amend.  May  25,  1915.) 

§ 22.  Certificates  of  approval.  Each  application  for  a certificate 
of  approval  shall  be  accompanied  with  the  article  or  thing  sought 
to  be  approved,  or  with  complete  working  drawings  thereof.  The 
applicant  for  the  certificate  shall,  at  his  own  cost  and  expense,  fur- 
nish to  the  fire  commissioner  any  required  opportunity  to  make 
an  analysis,  test  or  examination  of  the  article  or  thing  which  is  the 
subject  of  his  application,  under  such  conditions  as  may  be  pre- 
scribed by  the  commissioner;  or  shall,  if  directed,  have  such  analysis, 
test  or  examination  made  at  a laboratory  or  testing  establishment  to 
be  designated  by  the  commissioner.  Each  article  or  thing  of  a type 
for  which  a certificate  of  approval  shall  have  been  issued  shall  have 
the  number  of  such  certificate  plainly  stamped  or  otherwise  fixed 
upon  it,  or  a mark  of  identification  which  must  be  recorded  in  the 
certificate  of  approval.  (Amend.  May  25,  1915.) 

§ 23,  p.  167. 

§ 24.  Permits;  general  provisions. 

1.  (Repealed  May  25,  1915.) 

2,  p.  167. 

§ 25.  Special  permits. 

1,  p.  167. 

2.  Modifications.  When  the  circumstances,  conditions,  limitations 
or  surroundings  of  any  business,  occupation,  trade,  industry  or 


132 


CHAPTER  10 


premises,  to  which  this  chapter  applies  are  unusual,  or  such  as  render 
it  impracticable  to  enforce  all  the  provisions  applicable  thereto,  the 
fire  commissioner  may  waive,  or  modify  such  provisions  to  such 
extent  as  he  may  deem  necessary  in  the  premises  consistent  with 
public  safety.  (Amend.  May  25,  1915.) 

§ 26.  Renewals;  revocation.  Unless  otherwise  specifically  pro- 
vided, every  permit,  certificate  of  fitness  or  certificate  of  registration 
or  renewal  thereof,  granted  by  the  fire  commissioner,  shall  be  for 
such  period  as  he  may  determine,  not  to  exceed  one  year,  and 
shall  be  a mere  revocable  license.  Certificates  of  approval  need  not 
be  granted  for  a fixed  period,  and  may  be  revoked  at  any  time. 
(Amend.  May  25,  1915.) 

§ 27.  Inspection.  Every  permit  must  at  all  times  be  kept  on  the 
premises  designated  therein,  and  every  certificate  of  fitness  shall 
at  all  times  be  kept  in  the  possession  of  the  person  to  w^hom  it  shall 
have  been  issued  upon  pain  of  forfeiture  thereof,  and  shall  at  all 
times  be  subject  to  inspection  by  any  officer  of  the  fire  or  police  de- 
partments. (Amend.  May  25,  1915.) 

Article  3. — Bonds  and  Fees. 

§§  40-41,  p.  168. 

§ 42.  Fees  for  certificates.  Applicants  for  certificates  issued  under 
the  provisions  of  this  chapter  shall  pay  annual  fees  as  follows: 


Class  of  Certificate.  Fee. 


1.  Certificate  of  fitness  as  magazine  keeper. $2  00 

other  certificates  of  fitness,  original 5 00 

renewals 2 00 

2.  Certificates  of  approval 25  00 


3.  Certificates  of  registration,  the  fee  required  for  a permit  to  manu- 
facture a similar  article  or  thing  within  the  city. 


Section  2.  This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen  May  11,  1915. 

Received  from  his  Honor  the  Mayor  May  25,  1915,  without  his 
approval  or  disapproval  thereof;  therefore,  as  provided  in  section  40 
of  the  Greater  New  York  Charter,  the  same  took  effect  as  if  he  had 
approved  it. 

§ 43.  Fees  for  permits.  Applicants  for  permits  under  the  provi- 
sions of  this  chapter  shall  pay  annual  fees  as  follows: 


Class  of  Permits. 


Annual  Fee. 


1.  Acids,  to  store: 

more  than  1 and  not  exceeding  15  carboys  of  any  acid 

or  acids,  except  picric  acid $2  00 

more  than  15  carboys  of  any  acid  or  acids,  except  picric 
acid 5 00 

2.  Ammunition  for  small-arms: 

to  load  by  hand 5 00 

to  store  and  sell 


EXPLOSIVES  AND  HAZAKDOUS  TRADES 


133 


in  quantities  specified  in  § 81 $50  00 

in  quantities  not  exceeding  25  per  cent,  of  quantities 

specified  in  § 81 10  00 

to  use  blank  cartridge  on  the  stage 2 00 

3.  Barbers^  supplies,  manufacturers  of,  when  applications 

do  not  exceed  2 bbls.  Columbian  spirits,  100  lbs.  essen- 
tial oils,  1 bbl.  grain  alcohol 2 00 

4.  Black  powder,  blasting  powder  or  smokeless  powder: 

to  store  14  to  250  pounds 10  00 

under  14  pounds 5 00 

5.  Calcium  carbide: 

to  store,  less  than  600  pounds 10  00 

more  tha,n  600  pounds 25  00 

6.  Collodion,  in  factories  where  used  as  an  ingredient  of  a 

manufactured  product 10  00 

7.  Combustible  mixtures: 

to  manufacture 25  00 

to  store  and  sell 2 00 

8.  Confectionery  supplies,  manufacturers  of,  when  applica- 

tions do  not  exceed  7 bbls.  alcohol,  1,500  lbs.  glycerine, 

750  lbs.  essential  oils,  500  lbs.  flavoring,  250  lbs.  shellac, 

3 tons  cotton  seed  oil,  5 bales  excelsior,  2 gals,  benzine, 

10  lbs.  amyl  acetate,  50  gals,  cologne  spirits,  25  lbs. 
sulphuric  acid,  7 lbs.  ether 10  00 

9.  Drug  store,  or  drug  or  chemical  supply-house: 

to  maintain  and  operate,  wholesale 10  00 

to  maintain  and  operate,  retail 2 00 

10.  Electric  light  and  power  station,  when  applications  do 

not  exceed  20  gals,  gasoline,  5 gals,  benzine,  5 gals, 
muriatic  acid,  5 gals  nitric  acid,  1 gal.  ether,  100  gals, 
paints,  5 gals,  alcohol,  2 bbls.  varnish 5 00 

11.  Electric  and  other  blasting  caps,  to  store  and  sell 25  00 

12.  Explosives: 

to  bring  into  the  city  and  sell, 

to  transport  and  deliver 250  00 

for  each  vessel  carr>dng  locally 50  00 

for  each  vehicle  delivering  locally 50  00 

to  use 25  00 

each  magazine,  first  class 25  00 

second  class 20  00 

third  class 1 5 00 

fourth  class 10  00 

fifth  class 5 00 

13.  Essential  oils,  storage  and  sale: 

500  pounds  and  over 10  00 

100-500  lbs 5 00 

not  exceeding  100  lbs 2 00 

14.  Fire-crackers,  to  store  in  warehouse 25  00 

15.  Fire-works: 

to  manufacture  and  store 100  00 

to  store  and  sell,  at  any  one  time: 
wholesale  market  value  of  $1,500 25  00 


134 


CHAPTER  10 


of  wholesale  market  value  of  $500 $10  00 

16.  Fuel  oil,  storage  and  use  of  5 bbls.  to  50  bbls 5 00 

over  50  bbls.  to  100  bbls 10  00 

over  100  bbls 25  00 

17.  Garage,  to  maintain  and  operate: 

private,  for  storage  of  not  more  than  3 motor  vehicles 

within  fire  limits 5 00 

each  additional  motor  vehicle 2 00 

for  storage  of  not  more  than  3 motor  vehicles 

outside  fire  limits 2 00 

each  additional  motor  vehicle 2 00 

public,  one  gasoline  storage  tank 25  00 

each  additional  gasoline  storage  tank 10  00 

no  gasoline  storage  tanks 15  00 

The  unit  capacity  of  storage  tanks  for  purpose  of  fee 
shall  be  275  gallons  or  major  portion  thereof. 

18.  Gas  fixtures,  manufacturers  of,  when  applications  do 


quer,  10  gals,  turpentine 2 00 

19.  Gases: 

to  generate  and  compress  acetylene  and  other  combus- 
tible gases,  including  storage  of  necessary  carbide  50  00 

same,  pressure  not  to  exceed  15  lbs.  to  sq.  in 5 00 

to  generate  and  compress  non-combustible 25  00 

to  store,  and  sell  gases  compressed  to  a pressure  ex- 
ceeding 15  lbs.  to  the  square  inch  in  quantities 
greater  than  those  specified  in  § 21 1,  subdivision  1 . . 10  00 

to  store  and  use  in  quantities  greater  than  those 

specified  in  § 211,  subdivision  1 5 00 

to  store  tanks  or  cylinders  of  acetylene,  not  exceed- 
ing 2,500  cu.  ft 5 00 

to  use  oxygen  in  blow-pipe  with  combustible  gas 5 00 

20.  Hydro-carbon  and  other  coal-tar  products: 

to  distill,  handle  and  transj)ort 100  00 

21.  Inflammable  mixtures: 

to  manufacture 50  00 

except  where  no  volatile  inflammable  oil  or  inflam- 
mable coal-tar  product  is  stored  on  the  premises.  . . 10  00 

to  store,  sell  or  use  in  excess  of  250  gals 10  00 

from  50  to  250  gals 5 00 

for  quantities  not  exceeding  50  gals 2 00 

22.  Inflammable  motion  picture  films,  to  store: 

5 reels,  5,000  feet,  to  10  reels,  10,000  feet 10  00 

10  reels,  10,000  feet,  to  30  reels,  30,000  feet 25  00 

30  reels,  30,000  feet  to  100  reels,  100,000  feet 50  00 

100  reels,  100,000  feet,  to  150  reels,  150,000  feet 75  00 

150  reels,  150,000  feet,  and  over 100  00 

to  conduct  motion  picture  studio  separate  from  a 

manufacturing  and  developing  plant 25  00 

to  print  and  develop 100  00 


EXPLOSIN  ES  AND  HAZARDOUS  TRADES 


136 


23.  Kerosene  and  other  illuminating  oils,  to  store  and  sell  in 

quantities  not  exceeding  275  gals $10  00 

24.  Liquors,  spirits  or  alcohols,  to  manufacture,  distill, 

rectify  or  store 10  00 

25.  Machine  oils,  lubricating  and  other  heavy  oils,  to  store 

and  sell,  over  5 bbls 10  00 

26.  Matches: 

to  manufacture 25  00 

to  store  and  sell,  less  than  500  matchman’s  gross ....  5 00 

less  than  5,000  matchman^s  gross. . . 10  00 

more  than  5,000  matchman’s  gross . . 50  00 

27.  Motor-vehicle  repair-shop,  to  maintain  and  operate ....  10  00 

for  storing  volatile  inflammable  oils  for  each  tank  of 
275  gals,  or  less  an  additional  fee  of 15  00 

28.  Nickel  plating  establishment,  when  applications  do  not 

exceed  5 carboys  of  nitric  acid,  5 carboys  of  oil  of 
vitriol,  5 carboys  of  ammonia,  5 carboys  of  muriatic 
acid 2 00 

29.  Nitro-cellulose  products: 

to  store  and  use  in  manufacture,  100  lbs.  or  more 50  00 

less  than  100  lbs 10  00 

to  collect,  transport  or  store  scraps  of 5 00 

30.  Oils  and  fats,  to  store 10  00 

31.  Paints,  varnishes  or  lacquers: 

to  manufacture,  mix  or  compound,  generally 50  00 

paints  only 25  00 

to  store  and  sell,  500  gals,  or  more 25  00 

100  to  500  gals 10  00 

less  than  100  gals 2 00 

to  store  and  use,  500  gals,  or  more 10  00 

100  to  500  gals 5 00 

20  to  100  gals 2 00 

32.  Petroleum,  to  refine  and  distill 300  00 

33.  Petroleum,  shale  oil  and  the  liquid  products  thereof  and 

of  coal  tar: 

to  storage  in  a storage  plant : 

volatile  inflammable  oils  in  quantities  not  exceeding 
1,650  gallons,  or  other  oils  not  exceeding  3,300 

gallons 25  00 

other  oils,  3,300  gallons  to  10,000  gallons,  an  addi- 
tional fee  of 10  00 

volatile  inflammable  oils  or  other  oils  in  excess  of 

above  amounts 100  00 

to  store  and  sell, 

not  over  550  gallons 20  00 

at  retail,  not  over  100  gals 10  00 

to  use  for  construction  work  on  streets  or  buildings 

under  construction 2 00 

34.  Photo-engravers,  when  applications  do  not  exceed  15 

carboys  of  nitric  acid,  5 carboys  acetic  acid,  2 bbls. 
wood  alcohol,  10  gals,  of  turpentine,  15  gals,  ether, 

5 gals,  benzole,  5 gals,  benzine,  15  gals,  collodion,  15 


130 


CHAPTER  10 


carboys  muriatic  acid,  10  gals,  high  proof  spirits, 

2 gals,  rubber  cement,  2 pounds  soluble  cotton S5  00 

35.  Refrigerating  plants: 

Capacity  of  10  tons  or  less 5 00 

Capacity  of  10  tons  to  50  tons 10  00 

Capacity  of  over  50  tons 20  00 

Except  as  above  provided,  fees  for  permits  shall  be 
fixed  by  the  fire  commissioner. 

36.  Rubber  cement  {14  gal.  benzine  to  be  permitted  to  be 

stored  as  a solvent)  not  to  exceed  5 gals 1 00 

37.  Technical  establishment,  to  operate  and  maintain 25  00 

38.  Volatile  inflammable  oils: 

to  store  and  sell  to  motor  boats,  not  over  10,000  gals . . 25  00 

in  approved  buried  system,  used  to  fill  fuel  tanks  of 
motor  vehicles  owned  by  the  owner  of  such  system 

which  are  stored  on  other  premises ' 10  00 

to  store  and  use,  not  more  than  10  gals 2 00 

more  than  10  gals,  and  less  than 

55  gals 5 00 

to  store  and  use  in  dry-cleaning  or  dry-dyeing  plant: 

275  gals,  or  over 50  00 

70  to  275  gals 20  00 

not  exceeding  70  gals 10  00 


Article  4- — Manufacture^  Storage,  Sale^  Transportation  and  Use  of 
Explosives. 

Section  60.  Manufacture  prohibited.  No  person  shall  manufac- 
ture electric  fuses,  safety  fuses,  blasting  caps  or  explosives  in  the 
city.  (Amend  May  25,  1915.) 

§ 61.  Storage,  sale,  transportation,  use  or  possession  of  explosives, 
generallv. 

1.  p.  172. 

2.  Gun-cotton  and  soluble  cotton.  No  person  shall  transport, 
store  or  sell  any  gun-cotton  or  soluble  cotton,  except  in  water-tight 
metal  vessels  containing  no  more  than  10  pounds  dry  weight,  and 
at  least  20  per  cent,  of  water.  (Amend.  May  25,  1915.) 

3.  Nitro-glycerine.  1.  No  person  shall  transport,  store,  keep, 
sell,  deliver,  use  or  have  in  his  possession  any  liquid  nitro-g’ycerine, 
nor  shall  any  person  store,  transport  or  use  between  November  1st 
and  March  15th  any  explosive  which  will  freeze  or  deteriorate  at  a 
temperature  higher  than  10  degrees  above  zero  F.;  provided,  that 
permits  may  be  issued  for  the  transportation  and  sale  of  nitro- 
glycerine in  the  form  of  tablets,  pills  or  granules,  in  quantities  not 
exceeding  10,000  pieces,  containing  no  more  than  one-fiftieth  of  a 
grain  each.  No  explosives  containing  nitro-glycerine,  and  not 
intended  for  use  within  the  City,  shall  be  stored  or  kept  therein  or 
landed  at  or  upon  any  dock,  pier  or  bulkhead  thereof,  except  as 
prescribed  by  the  Fire  Commissioner.  (Amend.  May  25,  1915.) 

§ 62,  p.  172. 

§ 63.  Magazines. 

1-2,  p.  173. 

3.  Posting  permit.  The  permit  issued  for  any  magazine  shall  at 


EXPLOSIVES  AND  HAZAKDOUS  TRADES 


137 


all  times  be  kept  in  the  magazine  and  readily  accessible  for  inspec- 
tion. (Amend.  May  25,  1915.) 

4.  p.  173. 

5.  Construction.  All  magazines,  and  the  barricades  surrounding 
them  when  required  shall  be  constructed  in  accordance  with  plans 
and  specifications  prescribed  therefor  by  the  Fire  Commissioner. 
(Amend.  May  25,  1915.) 

6.  Danger  area.  A danger  area  shall  be  maintained  around  each 
magazine  in  proportion  to  the  quantity  of  explosives  contained  therein. 
The  magazine  keeper  shall  maintain  such  area  clean  and  free  from 
rubbish,  dead  grass,  shrubbery  and  other  obstructions,  and  prevent 
persons  from  loitering  therein.  (Amend.  May  25,  1915.) 

7.  (Repealed,  May  25,  1915.) 

8.  Magazine-keepers.  No  person  holding  a magazine  permit  shall 
store  or  keep  explosives  therein  unless  a person  holding  a certificate 
of  fitness  as  a magazine  keeper  be  continuously  in  charge  thereof; 
provided,  that  a person  holding  a certificate  of  fitness  as  a blaster 
may  also  act  as  a magazine  keeper  for  a magazine  of  the  5th  class 
under  a special  permit  of  the  Fire  Commissioner.  He  shall  keep 
an  accurate  daily  record  of  all  explosives  received  at  or  delivered 
from  the  magazine  under  his  charge,  which  shall  show  in  detail  how 
the  explosives  have  been  used  or  otherwise  disposed  of,  and  shall  at 
all  times  be  open  to  inspection  by  any  inspector  or  member  of  the 
fire  department.  He  shall  first  deliver  from  the  magazine  such  ex- 
plosives as  have  been  longest  therein.  All  magazines  shall  be  kept 
locked,  except  when  being  inspected  or  when  explosives  are  being 
placed  therein  or  removed  therefrom;  and  the  magazine  keeper 
shall  at  all  times  have  the  key  thereof  in  his  possession.  He  must 
care  for  and  protect  the  magazine  and  its  contents  from  interference 
by  unauthorized  persons,  and  he  must  be  constantly  on  the  lookout 
for  signs  which  would  indicate  leakage  of  nitro-glycerine  from  ex- 
plosives under  his  charge,  and  all  explosives  in  such  condition  must 
be  the  next  used.  A magazine  keeper  shall  not  be  required  to  per- 
form any  duty  that  will  in  any  way  interfere  with  his  duties  as  set 
forth  in  this  article.  (Amend.  May  25,  1915.) 

9.  Management.  A magazine  shall  at  all  times  be  kept  clean  and 
dry  and  free  from  grit;  and  before  any  repairs  or  alterations  are 
made  to  any  part  thereof  all  explosives  shall  be  carefully  removed 
to  a place  of  safety  and  the  magazine  thoroughly  washed  out.  In  case 
a magazine  floor  becomes  stained  with  nitro-glycerine  it  shall  be  well 
scrubbed  with  a stiff  broom,  hard  brush  or  mop,  using  a solution 
of  one-half  gallon  of  wood  alcohol  and  two  pounds  of  sulphide  of 
sodium  so  as  to  thoroughly  decompose  the  nitro-glycerine.  All 
tools  used  in  making  such  repairs  or  alterations  shall  be  of  wood, 
or  of  copper,  brass  or  other  soft  metal  or  material.  In  no  case  shall 
nails  or  screws  be  driven  into  a magazine  in  making  repairs  or  altera- 
tions, nor  into  any  material  that  has  once  formed  a part  thereof; 
and  all  wooden  structural  parts  of  a magazine,  if  discarded,  shall  be 
immediately  burned  at  a safe  distance  therefrom.  No  person  shall 
store,  place  or  keep  any  clothing,  cotton  waste  or  other  article  or 
thing  in  a magazine  containing  explosives,  except  a wooden  mallet 
and  a wooden  wedge  for  the  purpose  of  opening  boxes  of  explosives. 


138 


CHAPTER  10 


which  shall  be  opened  only  with  such  implements.  Magazine 
keepers  and  all  other  persons  handling,  storing  or  transporting  ex- 
plosives are  prohibited  from  carrying  matches  or  permitting  matches 
to  be  brought  to  or  near  the  place  where  explosives  are  handled, 
stored  or  transported.  (Amend.  May  25,  1915.) 

10.  p.  174. 

11.  (Repealed  May  25,  1915.) 

12.  Storage  Restrictions.  No  person  shall 

(a)  Place,  keep  or  store  in  a magazine  explosives  in  excess  of  the 
amount  stated  in  the  permit  therefor,  except  by  special  permission 
of  the  Fire  Commissioner; 

(b)  Place,  keep  or  store  black  powder,  blasting  powder  or  smoke- 
less powder  in  a magazine  containing  any  other  explosive,  or  in  a 
magazine  containing  blasting  caps,  detonators  or  electric  fuses; 

(c)  Place,  keep  or  store  in,  or  bring  within  100  feet  of  a magazine 
of  the  1st,  2d,  3d  or  4th  class  containing  explosives,  black  powder, 
blasting  powder  or  smokeless  powder,  any  blasting  caps,  capped 
cartridge,  detonator  or  any  other  article  or  thing  that  is  likely  to 
cause  an  explosion  by  friction,  shock,  heat  or  otherwise,  or  place  or 
store  dynamite  or  any  other  high  explosive  in  any  magazine  which 
has  previously  contained  black  or  blasting  powder,  without  first  ob- 
taining the  express  permission  of  the  Fire  Commissioner. 

(d)  Cap  a cartridge  within  a radius  of  100  feet  of  a magazine 
(except  magazines  of  the  fifth  class),  nor  cap  more  cartridges  than 
necessary  for  immediate  use.  (Amend.  May  25,  1915.) 

§ 64.  Delivery  by  vehicle. 

1.  Permit.  No  person  shall  carry  or  transport  explosive  through 
the  streets  except  in  a vehicle  propelled  by  animal  or  electrical 
powder,  constructed  and  equipped  in  conformity  with  specifications 
approved  by  the  Fire  Commissioner,  for  which  a permit  shall  have 
been  issued.  (Amend.  May  25,  1915.) 

2.  (Repealed,  May  25,  1915.) 

3.  Drivers.  Each  such  vehicle  shall  be  continuously  in  charge  of 
two  competent  persons,  each  holding  a certificate  of  fitness  as  a 
handler,  of  explosives,  and  no  other  person  shall  be  allow’ed  in  or 
upon  such  vehicle.  No  person  in  charge  of  a vehicle  containing  ex- 
plosives shall  smoke  in  or  upon  such  vehicle;  nor  drive,  load  or 
unload  the  vehicle  while  intoxicated,  or  in  a careless  or  reckless 
manner.  (Amend.  May  25,  1915.) 

4-9,  p.  175. 

10.  Route.  No  vehicle  containing  explosives  shall  be  driven,  for 
more  than  one  city  block,  along  any  street  in  the  city  over  w^hich 
there  is  an  elevated  railroad  or  under  which  there  is  a tunnel  or 
subway  for  the  transportation  of  passengers  or  freight,  nor  through 
a crowded  street.  Each  vehicle  shall  be  propelled  by  animal  or 
electric  power,  amply  sufficient  to  haul  the  load,  and  no  unnecessary 
stops  shall  be  made  in  transit.  All  vehicles  containing  explosives, 
proceeding  in  the  same  direction,  shall  maintain  a distance  between 
them  of  one  city  block.  No  explosives  shall  be  transported  over  or 
upon  any  bridge  connecting  the  borough  of  Brooklyn  or  the  Borough 
of  Queens  with  the  Borough  of  Manhattan.  (Amend.  May  25, 1915.) 

§65.  Vessels  carrying  explosives. 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


139 


1.  Generally.  The  commander,  owner  or  owners  of  any  vessel 
arriving  in  the  port  of  New  York,  carrying  explosives  or  explosive 
material  in  excess  of  the  amount  required  for  the  ship^s  own  use  for 
signalling  and  life  saving  purposes  shall,  before  approaching  nearer 
than  1,000  feet  to  any  pier  line  of  the  City,  obtain  a permit  therefor 
from  the  Fire  Commissioner.  The  retention  for  more  than  48  hours 
on  board  of  any  ship  lying  at  a dock,  pier  or  bulkhead  within  the 
city  of  any  explosives,  or  explosive  material  in  excess  of  the  amount 
required  for  the  ship^s  own  use  for  signalling  or  life  saving  purposes, 
is  prohibited.  (Amend.  May  25,  1915.) 

2-3,  p.  176. 

4.  Landing.  No  person  shall  land  or  place  explosives  upon  a 
dock,  pier,  bulkhead  or  other  landing  place.  Explosives  intended 
for  use  within  the  city  shall  be  transferred  from  the  vessel  making 
the  delivery  directly  to  a vehicle  for  transporting  explosives,  at  the 
docks  or  piers  designated  by  the  Fire  Commissioner,  for  w^hich  a 
permit  has  been  issued  under  section  63  of  this  chapter.  Explosives 
intended  for  shipment  to  points  outside  the  city  may  be  transferred 
from  a vessel  directly  to  another  vessel  lying  at  a city  dock  or  pier, 
designated  by  the  Fire  Commissioner,  provided  the  amount  so  trans- 
ferred does  not  exceed  2,500  pounds.  All  such  shipments  in  excess 
of  2,500  pounds  and  not  exceeding  5,000  pounds  must  be  transferred 
from  vessel  to  vessel  at  a distance  of  not  less  than  1,000  feet  from 
any  city  pier  line.  (Amend.  May  25,  1915.) 

5,  p.  176. 

§ 66.  Report  of  deliveries.  No  holder  of  a permit  under  section  63 
or  section  64  of  this  chapter  shall  deliver  explosives  to  any  person, 
firm  or  corporation  not  holding  a permit  from  the  Fire  Commis- 
sioner. Each  holder  of  such  a permit  shall  file  with  the  Commis- 
sioner, before  10  A.  M.  of  each  business  day,  a written  statement, 
under  oath,  of  all  deliveries  of  explosives  made  by  him  on  the  pre- 
ceding day,  which  shall  contain  the  following  information : 

(a)  Name  and  address  of  person  to  whom  delivered; 

(b)  Date  of  delivery; 

(c)  Location  of  magazine  where  delivered; 

(d)  Name  of  person  having  charge  of  the  magazine  at  which 

delivery  was  made; 

(e)  Number  of  pounds,  name  or  brand,  and  character  of  explosives 

delivered  at  each  magazine.  (Amend.  May  25,  1915.) 

§ 67.  Blasting  caps. 

1.  p.  177. 

2.  Storage.  No  person  shall  bring  into,  transport,  store,  sell  or 
deliver  within  the  city  any  blasting  caps,  except  when  packed  in 
tin  boxes  containing  not  more  than  100  caps  each.  No  holder  of  a 
permit  for  the  storage  and  use  of  explosives  issued  in  conformity 
with  this  chapter  shall  be  allowed  to  store  or  keep  more  than  1,000 
blasting  caps  without  a permit  therefor;  and  blasting  caps  in  what- 
ever quantity  shall  be  kept  in  a separate  magazine  at  least  100  feet 
distant  from  an}'  magazine  containing  explosives.  (Amend.  May  25, 
1915.) 

3.  Delivery  Wagons.  No  person  shall  transport  or  carry  through 
the  streets  any  electric  blasting  caps  in  excess  of  5,000,  nor  shall  the 


140 


CHAPTER  10 


same  be  carried  in  any  other  than  a duly  authorized  vehicle,  which 
shall  comply  with  all  the  requirements  governing  vehicles  for  the 
transportation  of  explosives.  No  person  shall  place  or  carry  or 
cause  to  be  placed  or  carried,  in  or  upon  any  vehicle  containing 
electric  fuses  or  blasting  caps,  any  other  explosive.  (Amend.  May  25, 
1915.) 

4.  Magazines.  All  magazines  for  which  permits  are  issued  for 
the  storage  of  blasting  caps  shall  be  deemed  to  be  magazines  of  the 
first  class,  and  shall  comply  with  all  requirements  governing  maga- 
zines of  that  class.  Such  magazines  shall  not  be  permitted  to  con- 
tain more  than  20,000  blasting  caps  and  each  such  magazine  shall 
be  continuously  under  the  care  of  a person  holding  a certificate  of 
fitness  as  a magazine  keeper.  (Amend.  May  25,  1915.) 

5.  Packing.  No  person  shall  bring  into,  store,  sell  or  transport 
within  the  city  electric  blasting  caps  except  in  cartons  containing 
not  more  than  50  each;  and  when  packed  in  shipping  cases  such 
cases  shall  contain  not  more  than  500  caps.  No  person  shall  sell  and 
deliver  for  use  any  electric  fuses,  except  in  original  and  unbroken 
cartons  containing  not  more  than  50  fuses  each.  (Amend.  May  25, 
1915.) 

6.  p.  177. 

§ 68.  Black  powder,  blasting  powder,  or  smokeless  powder. 

1.  Permit.  No  person  shall  transport,  store  or  sell  any  black 
powder,  blasting  powder  or  smokeless  powder  without  a permit. 
(Amend.  Mav  25,  1915.) 

2-6,  p.  178. 

§ 69.  Use;  blasting. 

1.  p.  178. 

2.  Covering  blasts.  Immediately  after  loading  and  tamping  the 
hole,  and  before  firing  the  blast,  the  rock  to  be  blasted  shall  be 
covered  on  all  exposed  sides  with  a strong  woven  matting  of  rope  or 
wire  at  least  IJ^  inches  in  diameter,  and  at  least  12  timbers,  each  10 
feet  long  and  10  inches  in  smallest  diameter,  held  securely  together 
by  chains  or  by  iron  or  steel  cables  at  least  % of  an  inch  in  diameter. 
After  the  rock  has  been  thus  covered,  the  blast  shall  be  fired  without 
unnecessary  delay.  The  inspector  of  blasting  shall  have  authority 
to  prescribe  the  amount  and  manner  of  application  of  the  protective 
covering  to  be  placed  over  blasts  situated  on  the  perpendicular  or 
diagonal  side  of  a rock,  and  over  blasts  for  ditch-work,  block-holes, 
man-holes,  pole-holes,  electric  wire  subways,  sewer  and  gas  connec- 
tions, gas  and  water-mains.  The  provisions  of  this  subdivision  shall 
not  apply  to  blasting  operations  in  a tunnel  or  subway  when  the 
blast  is  situated  more  than  100  feet  from  the  mouth  or  opening  to 
the  tunnel  and  at  least  10  feet  below  the  outer  surface  of  the  rock. 
(Amend.  May  25,  1915.) 

3.  Firing.  " No  persons  shall  explode  a blasting  charge  by  means 
of  time,  slow-burning  or  safety  fuse,  nor  by  any  means  other  than 
some  form  of  electrical  apparatus.  At  least  3 minutes  before  firing 
a blast  the  blaster  shall  give  warning  thereof  by  causing  a competent 
man,  carrying  a red  flag,  to  be  stationed  at  reasonable  distance  from 
the  blast  at  each  avenue  of  approach  or  point  of  danger.  In  tunnel  or 
subway  work,  the  blaster  himself  shall  be  the  last  man  to  leave  the 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


141 


job  after  the  loading  is  completed  and  the  wires  arc  connected,  and 
the  blaster  only  shall  be  permitted  to  throw  in  the  electric  switch  to 
fire  the  blast.  After  the  shot,  the  blasting  wires  shall  be  immediately 
disconnected  from  the  switch,  and  the  blaster,  when  returning  to 
see  the  effect  of  the  shot,  shall  also  disconnect  the  lead  wires  at  least 
200  feet  from  the  face  of  the  tunnel,  and  shall  restore  such  connec- 
tions only  when  all  the  men  have  left  the  face  of  the  tunnel  after 
loading.  A firing  box  or  electric  switch  shall  be  placed  on  the  firing 
line  side  of  the  tunnel,  and  shall  always  be  kept  locked  except  when 
pulling  the  switch.  The  connection  between  this  box  and  the  lines 
leading  to  the  firing  and  electric  light  circuits  shall  be  broken  after 
each  shot,  and  it  shall  be  the  duty  of  the  certified  blaster  to  see  that 
this  is  done.  The  connection  with  lines  used  for  lighting  shall  not 
be  permanent,  but  before  each  shot  the  lead  wires  shall  be  carried 
across  the  tunnel  from  the  shooting  line  to  the  electric  light  circuit. 
When  a heading  is  to  be  fired  only  the  cut  holes  and  lifting  holes  are 
allowed  to  be  loaded.  The  cut  holes  must  be  fired  first.  No  heading 
is  allowed  to  be  fully  loaded  and  fired  at  the  same  time.  In  open 
work  the  blaster  may  direct  an  assistant  to  puU  the  battery  when 
he  is  assured  that  all  proper  preparations  have  been  made  and  pre- 
cautions taken  for  firing  the  blast.  If  an  electric  circuit  is  used  for 
firing,  the  lead  wires  must  be  placed  on  the  opposite  side  of  the 
excavation  from  the  wires  used  for  lighting,  and  both  lines  of  wire 
must  be  properly  insulated. 

All  electric  apparatus  of  whatever  nature  used  in  blasting  opera- 
tions shall  be  kept  locked  and  under  the  direct  personal  charge  of  the 
blaster. 

Where  two  or  more  blasters  are  employed  on  the  same  job,  each 
blaster  shall  sign  with  the  magazine  keeper  for  the  amount  of  ex- 
plosives removed,  and  the  time  when  taken,  and  shall  be  responsible 
both  for  all  the  explosives  used  by  him  and  for  the  prompt  return  to 
the  magazine  of  any  explosives  not  immediately  used  on  the  job. 
(Amend.  May  25,  1915.) 

4-5,  p.  179. 

6.  Tamping.  Blasting  charges  shall  be  tamped  only  by  means  of 
wooden  tamping  rods,  and  explosives  shall  be  pressed  or  set  into 
place  by  steady,  even  pressure  only.  All  strokes  or  blows  with  the 
tamping  rods  are  forbidden,  and  no  tamping  rod  shall  be  used  which 
is  frayed  or  split  at  the  end.  (Amend.  May  25,  1915.) 

7.  Unexploded  charge.  Immediately  after  firing  the  blast,  the 
blaster  shall  cause  all  debris  to  be  removed,  and  shall  thoroughly 
examine  the  rock  and  the  drill  holes  to  ascertain  whether  there  re- 
mains any  unexploded  charge,  and  until  this  is  done  no  drills  shall 
be  set  up.  In  case  a charge  should  fail  to  explode,  and  the  direction 
of  its  bore  hole  can  be  positively  determined,  the  old  charge  may 
be  exploded  by  drilling  a single  hole  at  least  twelve  inches  distant 
from  and  parallel  with  it,  which  latter  hole  shall  then  be  loaded  and 
fired  in  the  manner  prescribed  for  any  other  bore  hole.  In  case  the 
direction  of  the  bore  hole  cannot  be  positively  determined,  then,  by 
order  of  and  under  the  direct  supervision  of  the  superintendent  or 
walking  boss  only,  the  tamping  may  be  cautiously  removed  by  a 
licensed  blaster  down  to  a point  near  the  explosive,  by  the  use  of  a 


142 


CHAPTER  10 


metal  scraper  or  an  air  blowpipe,  after  which  the  partially  emptied 
hole  shall  be  loaded  with  a small  starting  charge,  and  detonated  in 
the  usual  manner.  While  this  work  is  being  done  all  persons  except 
the  licensed  blaster  or  the  superintendent  or  walking  boss,  shall  retire 
to  a safe  distance.  In  no  case  shall  a charge  which  has  failed  to  ex- 
plode be  drawn  or  otherwise  removed  from  the  blasting  hole  without 
the  express  permission  of  the  fire  commissioner.  In  case  a blast  shall 
fail  to  carry  away  the  entire  drill  hole,  and  leaves  the  lower  part 
intact,  no  further  drilling  shall  be  done  in  that  hole.  (Amend. 
May  25,  1915.) 

8.  Blasters^  helpers.  No  person  shall  load  holes  in  blasting  opera- 
tions except  a person  holding  a certificate  of  fitness,  provided,  how- 
ever, that  while  holes  are  being  actually  loaded,  drillers  and  drill- 
helpers  mav  act  as  blasters’  helpers  under  the  direct  supervision  and 
responsibility  of  the  blaster.  (New  Ord.  May  25,  1915.) 

9.  Small  blasting  jobs.  A contractor  for  a small  blasting  job  who 
holds  a certificate  of  fitness  as  a blaster  and  has  filed  a bond  in  the 
penal  sum  of  $5,000,  conditioned  as  required  in  section  58,  may, 
upon  receiving  the  expressed  permission  of  the  fire  commissioner, 
obtain  a sufficient  quantity  of  explosives  for  the  blast  (in  no  case  ex- 
ceeding five  pounds)  from  a magazine  not  more  than  1,500  feet  from 
his  job,  and  ma  - carry  them  to  such  job  in  a manner  satisfactory  to 
the  Fire  Commissioner,  and  may  load  and  shoot  the  holes  as  pro- 
vided by  these  regulations.  All  explosives  not  used  in  the  blast  shall 
be  immediatelv  returned  to  the  magazine  from  which  obtained. 
(New  Ord.  Ma>  25,  1915.) 

Article  5. — Ammunition. 

Section  80,  p.  179. 

§ 81.  Storage  and  sale. 

1.  Permit.  No  person  shall  store,  sell,  or  offer  for  sale  any  am- 
munition in  excess  of  200  small  arms  cartridges,  without  a permit. 
(Amend.  May  25,  1915.) 

2-3,  p.  180. 

4.  Restrictions.  No  permit  for  the  storage  and  sale  of  ammunition 
in  excess  of  200  small  arms  cartridges  shall  be  issued  for  any  prem- 
ises— 

(ay  Which  are  occupied  as  a tenement  house,  school,  theatre  or 
other  place  of  public  amusement  or  assembly,  excepting  armories  of 
the  National  Guard; 

(b)  Which  are  used  as  a drug  store,  paint  store,  pawn  shop  or 
stationery  store; 

(c)  Where  cigars,  cigarettes  or  tobaccos  are  stored  or  kept  for  sale; 

(d)  Where  liquors  are  sold; 

(e)  Where  other  materials  of  a highly  inflammable  nature  are 
manufactured,  stored  or  kept  for  sale,  but  this  restriction  shall  not 
apply  to  a person  duly  authorized  to  keep  and  sell  gun-powder; 

(f)  Where  fireworks  are  manufactured,  stored  or  sold.  (Amend. 
Mav  25,  1915.) 

5^6,  p.  180. 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


143 


Article  7. — Matches. 

Sections  100-101,  p.  185. 

§ 102.  Approved  matches. 

1.  Certificate  of  approval.  No  person  shall  transport,  store  or 
sell  any  matches  for  which  a certificate  of  approval  shall  not  have 
been  issued.  The  applicant  for  such  certificate  shall  deposit  with 
the  fire  commissioner  a sample  of  the  matches  for  which  approval  is 
requested,  packed  in  the  labeled  boxes  or  containers  in  which  such 
matches  are  to  be  sold,  and  no  such  application  shall  include  more 
than  one  kind  or  type  of  match,  but  several  brands  or  names  of  the 
same  kind  or  type  of  match  may  be  included  and  a single  certificate 
of  approval  therefor  be  issued.  (Amend.  May  25,  1915.) 

2.  p.  185. 

3.  Mark.  No  person  shall  store,  transport  or  sell  matches  unless 
the  box  or  container  in  which  they  are  packed  bears  plainly  marked 
on  the  outside  thereof  the  name  of  the  manufacturer,  or  in  the  case 
of  matches  of  foreign  manufacture,  the  name  of  the  importer  or 
agent,  and  in  every  case  a distinctive  brand  or  mark  or  name.  No 
person  shall  place  in  a box  or  container  marked  as  prescribed  in  this 
subdivision,  any  matches  for  which  a certificate  of  approval  shall 
not  have  been  issued.  (Amend.  May  25,  1915.) 

4.  p.  185. 

5.  (Repealed  May  25,  1915.) 

Article  8. — Mineral  Oils. 

Section  110.  Refining,  distilling  or  manufacturing.  Except  as 
otherwise  provided,  no  person  shall  manufacture,  refine  or  distill 
petroleum,  shale  oil  or  coal  tar,  or  the  liquid  products  thereof,  or 
store,  transport  or  use  any  of  the  foregoing  without  a permit;  but 
no  permit  shall  hereafter  be  issued  for  the  erection  and  operation  of 
any  new  plant  of  a similar  character,  except  that  hydro-carbon  ma- 
terials collected  from  oil  separators  may  be  distilled  or  refined  under 
a special  permit.  (Amend.  July  16,  1915.) 

§ 111.  Subd.  1-4,  p.  186. 

5.  Tanks.  All  storage  tanks  comprising  or  forming  a part  of  an 
oil  storage  plant  shall  be  buried  so  that  the  tops  thereof  shall  be  at 
least  two  feet  below  the  grade  level. 

In  localities  where  physical  conditions  make  it  impracticable  to 
place  tanks  underground,  the  fire  commissioner  may  authorize  the 
tanks  of  an  oil  storage  plant  to  be  placed  above  ground.  In  such 
cases  the  maximum  capacity  of  each  tank  above  ground  containing 
volatile  inflammable  oil  shall  be  fixed  by  the  following  schedule,  viz.: 
If  distant  25  feet  from  line  of  adjoining  property  which 


may  be  built  upon 8,000  gals. 

If  distant  30  feet . 12,000  gals. 

If  distant  40  feet 18,000  gals. 

If  distant  50  feet 24,000  gals. 

If  distant  GO  feet 30,000  gals. 

If  distant  75  feet 48,000  gals. 

If  distant  85  feet 75,000  gals. 

If  distant  100  feet 100,000  gals. 


144 


CHAPTER  10 


At  storage  plants  where  the  tanks  are  above  ground  the  maximum 
capacity  of  each  tank  containing  kerosene  or  fuel  oil  may  be  deter- 
mined by  doubling  the  above  capacities,  but  in  no  case  shall  any  tank 
have  a capacity  greater  than  100,000  gallons.  At  all  storage  plants 
all  tanks  above  ground,  including  those  containing  volatile  inflam- 
mable oil,  the  filling  tanks,  if  any,  and  also  tanks  containing  kerosene, 
shall  be  surrounded  by  a wall  of  concrete,  forming  an  enclosure  cap- 
able of  holding  the  entire  contents  of  the  group  of  tanks  enclosed 
therein  should  any  tank  become  disrupted.  The  total  capacity  of 
any  such  group  shall  not  exceed  250,000  gallons.  To  facilitate  the 
filling,  at  oil  storage  plants  of  steel  barrels  or  drums,  with  volatile 
inflammable  oils,  and  kerosene,  or  to  fill  horse-drawn  tank  wagons 
as  conditionally  allowed  in  this  chapter,  there  may  be  installed  as 
part  of  a storage  plant  not  more  than  3 filling  tanks,  each  of  a 
capacity  of  not  more  than  4,200  gallons,  elevated  on  brick,  concrete 
or  steel  piers,  to  contain  naphtha,  gasoline  and  kerosene,  respectively; 
and  all  oils  remaining  in  the  filling  tanks  at  the  end  of  each  day  shall 
be  at  once  returned  to  the  storage  tanks  proper.  The  buried  tanks 
of  an  oil  storage  system  shall  be  separated  from  each  other  by  not 
less  than  one  foot  of  solid  concrete,  well  tamped  into  place.  All 
tanks  of  an  oil  storage  system  shall  be  so  connected  with  each  other 
by  a system  of  underground  pipes  that  the  contents  of  each  tank 
can  be  transferred  to  any  other  tank  at  will,  and  all  other  details  of 
the  installation  shall  be  as  directed  by  the  fire  commissioner  in  each 
particular  case.  At  all  storage  plants  each  tank,  including  the  filling 
tank,  if  any,  shall  be  equipped  with  a fire  extinguishing  system  satis- 
factory to  the  fire  commissioner.  Each  oil  storage  system  shall  have 
a direct  telegraphic  communication  with  fire  headquarters.  All 
tanks,  as  to  thickness  and  quality  of  material,  hydrostatic  pressure 
test,  foundations,  connections,  fire  protection  and  extinguishing 
system  and  all  other  details  of  installation  must  be  according  to 
plans  first  approved  by  the  fire  commissioner.  No  tank  forming  part 
of  a buried  oil  storage  system  shall  be  covered  from  sight  until  after 
an  ■ inspection  has  been  made  by  the  fire  department  and  written 
approval  has  been  given;  which  approval  shall  be  given  without 
charge,  provided  all  the  regulations  have  been  complied  with. 
(Amend.  July  16,  1915.) 

6.  Repealed.  Ord.  July  16,  1915. 

7.  p.  187.  ■ 

8.  Supervision.  A plant  for  the  storage,  manufacture,  refining 
or  distilling  of  petroleum,  shale  oil  or  coal  tar  or  any  liquid  product 
thereof,  shall  be  continuously  under  the  care  and  supervision  of  one 
or  more  persons  each  holding  a certificate  of  fitness  as  manager  or 
superintendent  thereof.  The  number  of  persons  required  to  hold 
such  certificates  shall  be  determined  by  the  fire  commissioner  and 
stated  in  the  permit,  but  in  no  case  shall  there  be  required  more 
than  three.  (Amend.  July  16,  1915.) 

§ 112.  Limited  storage.  1.  Permit.  Permits  may  be  issued  for 
the  storage  of  petroleum  and  shale  oil,  and  the  liquid  products  thereof, 
and  of  coal  tar,  in  a manner  satisfactory  to  the  fire  commissioner,  in 
buildings  or  premises  other  than  storage  plants,  in  quantities  not  to 
exceed  the  following: 


EXPL081VE8  AND  HAZARDOUS  TRADES 


145 


(a)  Volatile  inflammable  oils — 550  gallons. 

(b)  Other  oils  that  do  not  emit  an  inflammable  vapor  at  a tem- 
perature below  100  degrees  F.  when  tested  in  a Tagliabue  open  cup 
tester — 1,100  gallons. 

2.  Restrictions.  No  permit  shall  be  issued  for  the  storage  or  sale 
of  volatile  inflammable  oil  in  any  building: 

(a)  Which  is  occupied  as  a tenement  house,  dwelling,  school  or 
place  of  public  amusement  or  assembly; 

(b)  Where  explosives  are  stored  or  kept  for  sale  or  use; 

(c)  Where  dry  goods  or  other  material  of  a highly  inflammable 
nature  are  manufactured,  stored  or  kept  for  sale; 

(d)  Where  the  portion  of  the  building  occupied  or  used  for  the 
storage  of  volatile  inflammable  oil  is  lighted  by  any  means  other  than 
electricity; 

(e)  Upon  any  floor  above  the  ground  floor  of  a building,  except 
in  an  approved  safety  can  in  quantities  of  five  gallons  or  less  and 
for  use  only.  (Amend.  July  16,  1915.) 

§ 113.  Transportation  and  delivery. 

1.  Permit.  Except  as  otherwise  provided  in  this  chapter,  no 
person  shall  transport,  store,  sell,  deliver  or  use  within  the  city  any 
petroleum  or  shale  oil,  or  the  liquid  products  of  either,  or  of  coal  tar, 
without  a permit.  (Amend.  July  16,  1915.) 

2,  p.  188. 

§ 114.  Volatile  inflammable  oils. 

Subd.  1,  p.  188. 

2.  Retail  sales.  No  person  shall  sell  or  deliver  volatile  inflam- 
mable oil  in  quantities  exceeding  1 gallon  unless  the  i)urchaser 
thereof  hold  a permit  for  the  transportation,  storage,  sale  or  use  of 
said  oil;  provided,  that  nothing  contained  in  this  chapter  shall  be 
construed  as  requiring  a permit  for  the  storage  of  volatile  inflam- 
mable oil  in  the  tanks  of  motor  vehicles,  motor  tricycles,  motor  cycles, 
motor  boats,  airships,  aeroplanes,  or  other  similar  craft  or  vehicles, 
for  use  as  fuel  for  generating  m^otive  power;  and  provided  further 
that  no  permit  shall  be  required  for  the  transportation,  storage  or 
use  of  volatile  inflammable  oil  in  quantities  not  exceeding  1 gallon. 
(Amend.  July  16,  1915.) 

3.  p.  188. 

4.  Transportation.  Except  as  otherwise  provided  in  this  section, 
volatile  inflammable  oil  may  be  transported  only  in  the  following 
containers : 

a.  Cans  of  a capacity  not  to  exceed  5 gallons  each,  having  plainly 
marked  thereon  the  words  ^‘DANGEROUS— KEEP  FROM 
FLAME,’^  and  being  equipped  with  a metal  seal,  so  arranged  that 
there  shall  be  no  outlet  for  the  oil  unless  the  seal  is  broken; 

b.  Glass  bottles  of  a capacitv  not  exceeding  4 ounces  each,  labeled 
DANGEROUS — Keep  from  Flame; 

c.  Steel  barrels  or  drums  of  a capacity  not  exceeding  55  gals,  each, 
having  plainly  marked  thereon  the  word  DANGEROUS. 

(d)  Volatile  inflammable  oil  drawn  from  an  approved  storage  sys- 
tem on  the  premises,  and  intended  for  further  manufacture  or  use, 
may  be  transported  for  such  use  in  approved  safety  cans  of  a ca- 
pacity not  greater  than  five  gallons.  (Amend.  July  16,  1915.) 

10 


CHAPTEH  10 


14() 

5.  Use  and  storage.  Printers,  lithographers  and  similar  users  of 
volatile  inflammable  oil  shall  be  required  to  keep  their  supply  of 
such  oil  in  approved  safety  cans  or  buried  storage  tanks. 

Limited  permits  may  be  issued  by  the  fire  commissioner  for  periods 
of  less  than  one  year,  authorizing  the  storage  and  use  of  volatile  in- 
flammable oil,  kerosene  or  fuel  oil  in  streets,  sidewalks,  avenues  and 
highways,  or  in  a building  under  construction,  when  needed  in  con- 
nection with  authorized  building  operations  or  street  improvements, 
when  such  material  is  enclosed  in  an  approved  metal  container,  and, 
if  in  quantities  greater  than  ten  gallons  is  surrounded  by  an  enclosure 
satisfactory  to  the  fire  commissioner,  constructed  of  corrugated  iron 
or  other  fire  retarding  materials,  the  same  to  be  kept  securely  locked 
when  not  in  actual  use.  (New  Ord.  July  16,  1915.) 

§ 115.  Illuminating  oils. 

1.  p.  189. 

2.  Empty  barrels.  All  barrels,  cans  and  other  containers  of 
liquid  products  of  petroleum,  coal  tar  or  shale  oil  shall  be  removed 
from  all  premises  other  than  storage  plants  within  twenty-four 
hours  after  being  emptied.  (Amend.  July  16,  1915.) 

3.  Test.  No  person  shall  sell  or  offer  for  sale  any  kerosene  or  other 
illuminating  oil  which  will  emit  an  inflammable  vapor  at  a tempera- 
ture lower  than  100  degrees  F.  when  tested  in  a Tagliabue  open  cup 
tester.  (Amend.  July  10,  1915.) 

§ 116.  Lubricating  oils,  p.  189. 

§ 117.  Fire  prevention,  p.  189. 

Article  9. — Injlammdble  Mixtures, 

Section  130,  p.  189. 

§ 131.  Manufacture. 

1-3,  p.  189. 

4.  Deliveries.  All  deliveries  of  volatile  inflammable  oils  to  a 
building  used  for  the  manufacture  of  inflammable  mixtures  shall 
be  made  directly  to  the  storage  tank  through  the  filling  pipe  b}^ 
means  of  a hose  coupled  to  the  barrel  containing  the  oil  and  con- 
nected to  the  intake  as  provided  for  in  these  regulations;  no  barrel 
containing  volatile  inflammable  oil  shall  be  taken  off  the  wagon 
delivering  such  oil;  no  wagon  or  other  vehicle  engaged  in  the  delivery 
of  volatile  inflammable  oil  shall  be  admitted  to  or  taken  within  a 
building  or  any  portion  thereof,  and  no  person  shall  deliver  or  re- 
ceive within  a building  any  volatile  inflammable  oil  in  a barrel  or 
other  similar  receptacle,  nor  keep  or  store  in  a building  any  barrel 
or  other  similar  rece{)tacle  from  which  volatile  inflammable  oil  has 
been  drawn.  (Amend.  May  25,  1915.) 

5.  p.  190. 

6.  Filling  pipe.  The  filling  pipe  shall  be  at  least  2 inches  in  diam- 
eter and  shall  be  laid  at  a descending  grade  from  the  sidewalk  in 
front  of  the  building  to  the  tank.  The  intake  of  a filling  pipe  shall 
be  located  in  a heavy  metal  box,  which  shall  be  sunk  flush  with  the 
sidewalk  at  the  curb  level  or  at  some  other  location  offering  equal 
facilities  for  the  filling  of  the  tank  from  a barrel  wagon  and  fitted 
with  a heavy  metal  cover,  and  shall  be  kept  locked  when  not  in  use. 
The  filling  pipe  shall  be  closed  at  the  intake  by  a cock  or  valve  fitted 


EXPLOSIVES  AND  HAZAKDOUS  TRADES 


147 


with  a coupling  for  attaching  to  the  hose  of  a barrel  wagon,  and 
with  a screw  cap  to  close  the  opening  when  not  in  use.  The  filling 
pij)e  shall  be  provided  with  a screen  made  of  2 thicknesses  of  20- 
mesh  brass  wire  gauze  placed  immediately  below  the  filling  cock  or 
valve.  (Amend.  May  25,  1915.) 

7.  Lighting.  No  system  of  artificial  lighting  other  than  in- 
candescent electric  lights  shall  be  installed  in  any  premises  used  for 
the  manufacture  of  inflamm.able  mixtures  unless  of  a type  for  which 
a certificate  of  approval  shall  have  been  issued.  All  incandescent 
electric  lights  shall  be  fitted  with  keyless  sockets  and  all  electric 
switches  and  plugs  shall  be  placed  at  least  4 feet  above  the  floor. 
(Amend.  May  25,  1915.) 

8-11,  p.^  190. 

12.  Supervision.  All  premises  used  for  the  manufacture  of  in- 
flammable mixtures  shall  be  under  the  care  and  supervision  of  one 
or  more  persons,  each  holding  a certificate  of  fitness  as  superin- 
tendent or  manager  thereof.  The  number  of  persons  required  to 
hold  such  certificates  shall  be  determined  by  the  fire  commissioner 
and  stated  in  the  permit  but  in  no  case  shall  there  be  required  mora 
than  three.  (Amend.  May  25,  1915.) 

13.  Tanks.  Each  tank  used  for  the  storage  of  volatile  inflammable 
oil  shall  be: 

a.  Constructed  of  steel  at  least  one-quarter  of  an  inch  in  thickness, 
shall  have  a capacity  of  not  more  than  1,500  gallons,  and  shall, 
under  test,  stand  a hydrostatic  pressure  of  at  least  100  pounds  to 
the  square  inch. 

b.  Coated  on  the  outside  with  tar  or  other  rust  resisting  material, 
shall  be  set  on  a solid  foundation,  and  shall  be  imbedded  in  and 
surrounded  by  at  least  12  inches  of  Portland  cement  concrete,  com- 
posed of  2 parts  of  cement,  3 parts  of  sand  and  5 parts  of  stone. 

c.  8o  set  that  the  top  or  highest  point  thereof  shall  be  at  least  2 
feet  below  the  level  of  the  lowest  cellar  floor  of  any  building  within 
a radius  of  10  feet  from  the  tank,  and  no  tank  for  the  storage  of 
volatile  inflammable  oil  shall  be  located  under  the  sidewalk  or  be- 
yond the  building  line. 

d.  No  tank  forming  part  of  a buried  oil  storage  system  shall  be 
covered  from  sight  until  after  an  inspection  has  been  made  by  the 
fire  department,  and  written  approval  has  been  given;  wLich  ap- 
proval shall  be  given  without  charge  provided  all  the  regulations 
have  been  Complied  wdth.  (Amend.  May  25,  1915.) 

14.  Vent  })ipe.  The  vent  pipe  shall  be  at  least  1 inch  in  diameter, 
shall  run  from  the  tank  to  the  outer  air  at  least  10  feet  above  the 
roof  of  the  building  in  which  the  plant  is  located  and  shall  be  at 
least  10  feet  from  the  nearest  window  of  any  adjoining  building,  and 
well  braced  in  position.  It  shall  be  capped  with  a double  goose- 
neck, cowl  or  hood,  and  provided  with  a screen  made  of  two  thick- 
nesses of  20-mesh  brass  wire  gauze,  placed  immediately  below  the 
goose-neck.  (Amend.  May,  1915.) 

15.  p.  191. 

16.  Fire  prevention.  No  stove,  forge,  torch,  or  other  device  em- 
ploying flame  or  fire,  nor  any  electric  or  other  apoaratus  which  is 
likely  to  produce  an  exposed  spark,  shall  be  allowed  in  any  building 


148 


CHAPTER  10 


used  for  the  manufacture  of  inflammable  mixtures,  unless  it  be  placed 
in  a room  or  compartment  separated  from  the  remainder  of  the 
building  by  a partition  constructed  of  fire  retarding  material  and 
provided  with  a self-closing  fireproof  door;  provided,  however,  that 
electric  motors  may  be  of  the  fully  enclosed  type  or  provided  with 
an  approved  type  (fire  department  specifications)  motor  en- 
closure; the  terminal  blocks  also  shall  be  protected.  No  boiler  or 
furnace  shall  be  located  in  any  such  building  unless  separated  from 
the  remainder  of  the  building  by  an  unpierced  fireproof  wall,  con- 
sisting of  solid  masonry  or  its  equivalent,  of  at  least  8 inches  in  thick- 
ness; provided,  however,  that  where  the  construction  of  such  un- 
pierced wall  shall  be  impracticable,  the  fire  commissioner  may  permit 
such  openings  in  such  wall  as  may  be  necessary,  and  prescribe  such 
protection  therefor  as  in  his  judgment  the  particular  dase  shall  re- 
quire. Premises  used  for  the  manufacture  of  inflammable  mixtures 
shall  be  equipped  with  fire  buckets  filled  with  sand  and  kept  on  each 
floor  for  use  in  extinguishing  fire.  The  number  of  buckets  and  the 
quantity  of  sand  to  be  kept  shall  be  determined  by  the  commissioner 
and  stated  in  the  permit.  (Amend.  May  25,  1915.) 

17.  Containers  or  devices.  Proper  containers  or  devices  to  pre- 
vent or  extinguish  fire  may  be  prescribed  by  the  fire  commissioner, 
who  may  issue  certificates  of  approval  for  such  devices.  (New 
Ord.  May  25,  1915.) 


Article  11. — Garages. 


Section  150.  Permit. 

151.  Garages  having  tanks  for  storing  volatile  inflammable 

oil. 

152.  Construction. 

153.  Public  garage. 

154.  Private  garage. 

155.  Oil  separators. 

156.  Storage  system. 

157.  Supplying  vehicles. 

158.  Lighting. 

159.  Fire-prevention. 

160.  Oil-selling  stations. 

Section  150.  (See  p.  193.) 

§ 151.  Garages  having  tanks  for  storing  volatile  inflammable  oil. 
No  garage  permit  allowing  the  storage  of  volatile  inflammable  oil 
shall  be  issued  for  any  building,  shed  or  enclosure — 

(a)  Which  is  occupied  as  a tenement  house,  hotel  or  lodging  house  ; 

(b)  Where  paints,  varnishes  or  lacquers  are  manufactured  or 
kept  for  sale; 

(c)  Where  dry  goods  or  other  highly  inflammable  materials  are 
manufactured  or  kept  for  sale; 

(d)  Where  rosin,  turpentine,  hemp,  cotton  or  any  explosives  are 
stored  or  kept  for  sale; 

(e)  Which  is  situated  within  twenty  feet  of  the  nearest  wall  of  a 
building  occupied  as  a school,  theatre  or  other  place  of  public  amuse- 
ment or  assembly,  provided,  however,  that  renewals  of  permits  may 


EXPLOSIVES  AND  HAZAliDOUS  TRADES 


149 


be  granted  where  the  garage  in  (luestion  was  in  operation  prior  to 
the  opening  of  the  school,  theatre  or  other  place  of  public  amuse- 
ment or  assembly,  or  has  been  in  continuous  operation  under  a per- 
mit issued  therefor  prior  to  May  1,  1915,  and  further  provided  that 
a permit  may  be  issued  for  a garage  hereafter  erected  within  twenty 
feet  of  a building,  the  occupancy  of  which  is  enumerated  in  this 
subdivision,  where  the  garage  has  no  frontage  on  the  same  street 
with  any  frontage  of  such  building,  and  the  wall  or  walls  of  the 
garage  adjacent  thereto  are  constructed  of  brick,  unpierced  for  a 
distance  of  at  least  twentv  feet  therefrom.  (Amend.  July  16, 
1915.) 

§ 152.  Construction.  1.  General  Regulations.  Except  as  herein- 
after provided  in  this  section,  all  garages  hereafter  erected  shall  be 
of  strictly  fireproof  construction  as  to  all  rooms  and  compartments, 
where  motor  vehicles  with  gasoline  in  their  fuel  tanks,  are  stored; 
and  all  garages  heretofore  erected  shall  have  all  walls,  ceilings  and 
floors  covered  with  fire  retarding  material  in  all  rooms  and  compart- 
ments where  motor  vehicles,  with  gasoline  in  their  fuel  tanks,  are 
stored. 

2.  Non-fireproof  roofs,  doors  and  windows,  where  permitted. 
Garages  not  exceeding  one  story  in  height  may  have  non-fireproof 
roofs  and  garages  not  exceeding  two  stories  in  height  may  likewise 
have  non-fireproof  roofs,  provided  the  same  are  covered  on  the  inside 
with  approved  fire  retarding  material  in  all  cases  where  motor  vehicles, 
with  volatile  inflammable  oil  in  their  fuel  tanks,  are  stored  or  kept 
on  the  upper  floor.  Window  openings  and  outside  doors  in  such 
garages  removed  at  least  thirty  feet  from  the  nearest  exposure,  may 
be  non-fireproof. 

3.  Non-fireproof  construction,  where  permitted.  Nothing  in 
this  section  shall  prohibit  the  erection  or  the  granting  of  a permit  for 
a garage  of  non-fireproof  construction  while  the  following  conditions 
exist: 

(a)  No  volatile  inflammable  oil  is  stored  except  in  the  fuel  tanks 
of  the  motor  vehicles; 

(b)  Fuel  tanks  of  the  motor  vehicles  stored,  are  not  opened,  filled 
or  drawn  from  in  the  garage; 

(c)  Not  more  than  four  motor  vehicles  are  stored; 

(d)  All  motor  vehicles  stored  are  the  property  of  the  owner  and 
not  for  sale,  rent  or  hire. 

(e)  The  garage  is  situated  at  least  fifteen  feet  from  the  nearest 
building,  unless  the  nearest  wall  of  such  building  or  the  wall  of  the 
garage  nearest  such  building  is  of  unpierced  fireproof  construction; 
the  provisions  of  this  sub-division,  however,  to  apply  only  to  garages, 
hereafter  to  be  erected. 

4.  Converted  buildings.  The  requirements  herein  stated  for 
garages  hereafter  erected  shall  apply  to  buildings  erected  after 
May  1,  1915,  for  any  purpose,  and  thereafter  converted  for  use  for 
garage  purposes.  (New.  Ord.  July  16,  1915.) 

§ 153.  (See  p.  194.) 

§ 154.  Private  garage. 

1.  In  building  otherwise  occupied.  A permit  may  be  issued  for 
a private  garage  in  a building  occupied  as  a dwelling  by  the  applicant 


J50 


CHAPTER  10 


or  his  employee  or  by  the  applicant  and  one  other  tenant  or  by  the 
applicant's  employee  and  one  other  tenant,  provided  that  not  "more 
than  two  stories  above  the  garage  are  occupied  or  used  as  living  apart- 
ments, which  apartments  shall  be  separated  from  the  garage  by 
fire-retarding  walls  and  floors,  not  pierced  except  by  one  opening, 
protected  by  a fire-proof  self-closing  door,  and  provided  that  there 
shall  be  an  entrance  to  the  living  apartments  direct  from  the  street 
without  passing  through  the  garage;  and  provided  further  that  all 
motor  vehicles  stored  or  kept  in  the  garage  shall  be  the  property  of 
the  applicant  or  his  immediate  family.  No  certificate  of  fitness  shall 
be  required  of  the  person  having  supervision  of  such  garage.  No 
public  garage,  however,  shall  be  permitted  in  any  building  occupied 
for  dwelling  purposes. 

2.  (Repealed,  Ord.  July  16,  1915.) 

§ 155,  p.  194. 

§156.  Storage  system. 

1.  Tanks.  No  garage  permit  authorizing  the  storage  of  volatile 
inflammable  oil  shall  be  issued  for  any  premises  which  are  not 
equipped  with  an  approved  storage  system  of  sufficient  capacity  for 
the  proper  storage  of  such  oil,  which  shall  be  installed  in  the  manner 
prescribed  in  subdivisions  5,  6,  9,  13  and  14  of  Section  131  of  Article  9 
of  this  chapter;  provided  that  each  tank  shall  be  embedded  in  and 
surrounded  by  at  least  12  inches  of  Portland  cement  concrete,  com- 
posed of  two  parts  of  cement,  3 parts  of  sand  and  5 parts  of  stone, 
except  that  storage  tanks  installed  in  garages  may  have  a capacity 
not  exceeding  550  gallons  each. 

2.  p.  195. 

3.  Approval  of  appliances.  No  storage  tank,  portable  tank,  oil 
separator,  pump  or  other  similar  apparatus  shall  be  installed  in  a 
garage  unless  it  be  of  a type  for  which  a certificate  of  approval  shall 
have  been  issued  by  the  fire  commissioner.  Proper  containers  or 
devices  to  prevent  or  extinguish  fire  may  be  prescribed  by  the  fire 
commissioner,  who  may  issue  certificates  of  approval  therefor. 

§ 157.  Supplying  vehicles. 

1.  Method.  No  person  shall  deliver  volatile  inflammable  oil  from 
a storage  tank  to  a motor  vehicle,  except  by  means  of  an  approved 
portable  tank  or  directly  through  the  outlet  of  the  drawing-off  pipe 
by  means  of  an  authorized  hose  attachment.  All  lights  on  motor 
vehicles  except  electric  lights  shall  be  extinguished  before  volatile 
inflammable  oil  is  delivered  to  fuel  tanks. 

2,  p.  195. 

3.  Pumps;  basement  service.  No  pump  or  stationary  outlet  for 
delivery  of  volatile  inflammable  oil  in  a garage  shall  be  allowed  on 
any  floor  below  the  street  level;  and  no  person  shall  deliver  any 
such  oil  to  the  tank  of  a motor  vehicle  while  on  a floor  of  the  garage 
below  the  street  level,  unless  such  floor  is  provided  with  adequate 
natural  ventilation. 

4,  p.  196. 

§ 15S,  p.  196. 

§ 159.  Fire  prevention. 

1.  Exposed  flame  or  spark.  No  stove,  forge,  torch  or  other  de- 
vice employing  flame  or  fire,  nor  any  electric  or  other  apparatus 


EXPLOSIVES  AND  HAZAKDOUS  TRADES 


151 


which  is  likely  to  produce  an  exposed  spark,  except  such  electric 
apparatus  as  may  be  placed  five  feet  or  more  above  a floor  of  a 
garage,  shall  be  allowed  in  any  garage  unless  it  be  placed  in  a room 
or  compartment  which  is  separated  from  the  garage  b}^  a partition 
constructed  of  fire  retarding  material  and  provided  with  a sei- 
closing  fireproof  door;  provided,  however,  that  electric  motors  may 
be  of  the  fully  enclosed  type  or  provided  with  an  approved  type  ‘‘A/’ 
(fire  department  specifications)  motor  enclosure;  the  terminal  blocks 
also  shall  be  properly  protected.  No  boiler  or  furnace  shall  be 
located  in  any  garage  unless  separated  from  the  remainder  of  the 
building  by  an  unpierced  fireproof  wall,  consisting  of  solid  masonry 
of  at  least  8 inches  in  thickness  or  its  equivalent;  provided,  however, 
that  where  the  construction  of  such  unpierced  wall  shall  be  im- 
practicable the  fire  commissioner  may  permit  such  openings  in  such 
wall  as  may  be  necessary,  and  prescribe  such  protection  therefor  as 
m his  judgment  the  particular  case  shall  require. 

2,  p.  196. 

3.  p.  196. 

4;  p.  196. 

§ 160.  Oil-selling  stations.  A permit  may  be  issued  by  the  fire 
commissioner  for  premises  wherein  the  business  of  an  oil-selling  sta- 
tion is  to  be  conducted  and  such  business  shall  be  covered  by  the 
regulations  on  the  subject  of  public  garages  in  so  far  as  they  are 
applicable  thereto.  (New.  Ord.  July  16,  1915.) 

Article  12. — Motor  Vehicle  Repair  Shops. 

Section  170.  Permit. 

171.  Restrictions. 

Section  170.  Permit.  No  person  shall  maintain  or  operate  a 
motor  vehicle  repair  shop  without  a permit;  provided  that  such  a 
permit  shall  not  be  required  of  a person  holding  a garage  permit  for 
the  same  or  adjoining  premises. 

§ 171.  Restrictions.  No  person  shall 

1.  Store  or  keep  for  sale  in  a motor  vehicle  repair  shop  any  volatile 
inflammable  oil  or  calcium  carbide,  except  in  the  manner  and  sub- 
ject to  the  conditions  prescribed  by  the  fire  commissioner; 

2.  Introduce  or  receive  into  such  a repair  shop  any  motor  vehicle 
containing  volatile  inflammable  oil,  unless  the  building  or  that 
portion  thereof  in  which  the  motor  vehicle  is  introduced  is  con- 
structed of  fire-retarding  material.  When  such  volatile  inflammable 
oil  is  removed  from  the  fuel  tank  of  a motor  vehicle  within  the  repair 
shop,  it  shall  ba  emptied  directly  from  fuel  tank  into  an  approved 
safety  can,  portable  tank,  or  approved  storage  system,  and  when 
returned  to  the  fuel  tank  it  shall  be  so  returned  directly  from  such 
safety  can,  portable  tank,  or  approved  storage  system.  (Amend. 
May  25,  1915.) 

Article  13. — Dry-Cleaning  and  Dry-Dyeing  Establishments. 

Sections  175-176,  p.  197. 

§ 177.  Equipment. 

1,  p.  197. 

2.  Settling  tank.  At  the  close  of  each  day  all  volatile  inflammable 


152 


CHAPTER  10 


oils  remaining  in  the  wash  tank  and  extractors  shall  be  transferred 
through  continuous  piping  to  an  underground  tank.  Volatile  in- 
flammable oils  in  a dry  cleaning  and  dry  dyeing  establishment  shall 
not  be  kept  outside  the  dry  cleaning  room  except  in  approved  storage 
system,  and  shall  not  be  transferred  except  by  pumping  directly 
from  an  approved  storage  system,  (Amend.  May  25,  1915.) 

3.  (Repealed,  May  25,  1915.) 

4.  p.  197. 

5.  Asbestos  cloths  or  blankets.  Each  room  or  compartment  in 
which  a washing  tank  is  located  shall  be  equipped  with  one  or  more 
asbestos  cloths  or  blanlcets  to  smother  fire,  the  number  and  size  of 
which  shall  be  prescribed  by  the  fire  commissioner.  (New.  Ord. 
May  25,  1915.) 

6.  Portable  containers.  All  portable  containers  used  to  convey 
goods  from  washers  to  extractors  shall  be  equipped  with  rubber  tirecl 
rollers,  wooden  or  fibre  rollers  or  wooden  bottoms.  (New.  Ord. 
May  25,  1915.) 

7.  Extractors.  All  extractors  shall  be  constructed  so  that  the 
gasoline  extracted  shall  flow  by  gravity  through  the  pipe  into  the 
settling  tank  of  an  approved  storage  system.  (New.  Ord.  May  25, 
1915.) 

8.  Drying  tumblers.  Drying  tumblers  shall  not  be  permitted  in 
rooms  containing  wash  tanks,  and  shall  be  independently  connected 
with  the  outer  air  in  the  manner  prescribed  for  drying  rooms.  In 
no  case  shall  they  be  heated  above  150  degrees  Fahr.  (New.  Ord. 
May  25,  1915.) 

9.  Containers  or  devices.  Proper  containers  or  devices  to  prevent 
or  extinguish  fire  may  be  prescribed  by  the  fire  commissioner,  who 
may  issue  certificates  of  approval  for  such  devices.  (New.  Ord. 
May  25,  1915.) 

§ 178.  Operation. 

1-2,  p.  197. 

3.  Supervision.  The  operation  of  a diy  cleaning  or  dry  dyeing 
establishment  shall  be  continuously  under  the  care  and  supervision 
of  a person  holding  a certificate  of  fitness  as  manager  thereof.  The 
number  of  persons  required  to  hold  such  certificates  shall  be  deter- 
mined by  the  fire  commissioner  and  stated  in  the  permit,  but  in  no 
case  shall  there  be  required  more  than  three. 

§ 179.  Fire  prevention. 

1-2,  p.  198. 

3.  Artificial  lighting.  No  system  of  artificial  lighting  other  than 
incandescent  electric  lights  shall  be  installed  in  any  building  used 
as  a dry  cleaning  and  dry  dyeing  establishment,  unless  it  be  of  a 
type  for  which  a certificate  of  approval  shall  have  been  issued.  All 
incandescent  lights  shall  be  fitted  with  keyless  sockets  and  all  electric 
switches  and  plugs  shall  be  placed  at  least  4 feet  above  the  floor. 
All  electric  switches  shall  be  placed  outside  the  room  containing 
wash  tanks,  and  outside  all  drying  rooms. 

4.  Exposed  flame  or  spark.  No  stove,  forge,  torch  or  other  device 
employing  flame  or  fire,  nor  any  electric  or  other  apparatus  which 
is  likely  to  produce  an  exposed  spark,  shall  be  allowed  in  any  building 
used  as  a dry  cleaning  or  dry  dyeing  establishment,  unless  it  be  placed 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


153 


in  a room  or  compartment  separated  from  the  remainder  of  the 
building  by  a partition  constructed  of  fire  retarding  material  and 
provided  with  a self-closing  fireproof  door;  provided,  however,  that 
electric  motors  may  be  of  the  fully  enclosed  type  or  provided  with 
an  approved  type  ‘‘A”  (fire  department  specifications)  motor  en- 
closure; the  terminal  blocks  also  shall  be  protected.  No  boiler  or 
furnace  shall  be  located  in  any  such  dry  cleaning  and  dry  dyeing 
establishment  unless  separated  from  the  remainder  of  the  building 
by  an  unpierced  fireproof  wall  consisting  of  solid  masonry,  or  its 
equivalent,  of  at  least  8 inches  in  thickness;  provided,  however,  that 
where  the  construction  of  such  unpierced  wall  shall  be  impracticable, 
the  fire  commissioner  may  permit  such  openings  in  the  wall  as  may 
be  necessary,  and  prescribe  such  protection  therefor  as  in  his  judg- 
ment the  particular  case  shall  require. 

5.  Carrying  matches.  No  person  shall  carry  matches  into  any 
room  or  compartment  in  which  volatile  inflammable  oil  is  used  or 
stored,  and  the  person  holding  the  certificate  of  fitness  as  the  man- 
ager of  the  estab.ishment  shall  be  responsible  for  the  enforcement  of 
this  section.  He  shall  also  see  that  all  clothing  intended  to  be  dry 
cleaned  is  searched  and  all  matches  removed  therefrom,  before  being 
brought  into  the  compartments  where  volatile  inflammable  oils  are 
stored  or  used. 


Article  Vf. 

{Repealed  by  Ord.  effective  May  25^  1915.) 

Article  15. — Paints^  Varnishes  and  Lacquers. 

Section  200.  Permit. 

201.  Restrictions. 

202.  Volatile  inflammable  oil. 

Sections  200-201,  p.  199. 

§ 202.  Volatile  inflammable  oil.  No  permit  shall  be  issued  for 
the  storage  and  sale  of  volatile  inflammable  oil  in  any  paint  shop, 
in  a tenement  house,  nor  for  the  storage  of  such  oil  in  e.xcess  of  20 
gallons  in  any  building  occupied  by  two  families,  nor  for  the  storage 
of  such  oil  in  excess  of  55  gallons  in  any  building  occupied  as  a 
dwelling  by  one  family.  (Amend.  May  25,  1915.) 

Article  16. — Calcium  Carbide. 

Section  205,  p.  199. 

§ 206.  Conditions. 

1,  p.  199. 

2.  Place.  Calcium  carbide  in  excess  of  600  lbs.  shall  be  stored  in 
approved  metal  packages  above  ground  in  one-story  buildings  with- 
out cellar  or  basement  and  used  exclusively  for  the  storage  of  calcium 
carbide.  Such  buildings  shall  be  constructed  to  be  dry,  waterproof 
and  well  ventilated  and  shall  be  located  outside  congested  mer- 
cantile or  manufacturing  districts.  If  the  storage  building  is  of  in- 
combustible construction  it  may  adjoin  other  one-story  buildings  if 
separated  therefrom  by  an  unpierced  fire  wall;  if  the  storage  building 
be  a detached  structure  and  located  less  than  10  feet  from  such  one- 
story  buildings  there  shall  be  no  openings  in  the  adjacent  sides  of 


154 


CHAPTER  10 


either  buildings.  If  the  carbide  storage  building  is  of  combustible 
construction  it  must  not  be  within  20  feet  of  other  one-story  or  two- 
story  buildings,  nor  within  30  feet  of  other  buildings  over  two 
stories.  (Amend.  May  25,  1915.) 

3,  p.  200. 

§ 207,  p.  200. 

Article  17. — Gases  Under  Pressure. 

Section  210.  Permit. 

211.  Compressing. 

212.  Acetylene. 

213.  Oxygen  blow-pipes. 

Section  210.  Permit.  No  person  shall  compress,  generate,  store, 
or  sell  any  acetylene.  Blaugas,  Pintsch  gas  or  other  gases  and  mix- 
tures of  gases  or  transport  through  a pipe  from  one  locality  to  an- 
other any  gas,  unless  otherwise  herein  provided  for,  at  a pressure 
exceeding  6 pounds  to  the  square  inch,  or  atmospheric  air  to  a pres- 
sure exceeding  100  pounds  to  the  square  inch,  nor  in  quantities 
exceeding  a total  container  capacity  of  30  cubic  feet,  without  a 
permit.  (Amend.  July  16,  1915.) 

§ 211.  Compressing. 

1.  Capacity.  No  person  shall  store  for  sale  any  gas  compressed 
to  a pressure  greater  than  6 pounds  to  the  square  inch  without  a 
permit,  except  the  following: 

(a)  Nitrous  oxide  or  oxygen  for  use  for  medical  or  surgical  pur- 
poses in  quantities  not  exceeding  a total  container  capacity  of 
5 cubic  feet  for  both  gases,  and  in  containers  none  of  which  shall 
have  a capacity  exceeding  2.5  cubic  feet; 

(b)  Combustible  gases  under  pressure  exceeding  15  pounds  per 
square  inch,  such  as  Blaugas  and  acetylene,  in  quantities  not  exceed- 
ing 500  cubic  feet  gas  measure  and  in  containers  none  of  which  shall 
have  a capacity  exceeding  2.5  cubic  feet. 

(c)  Non-cornbustible  liquefied  gases  in  quantities  not  exceeding 
a total  container  capacity  of  1 cubic  foot,  and  in  containers  none 
of  which  shall  have  a capacity  exceeding  200  cubic  inches. 

No  person  shall  use  or  store  for  use  within  the  city  any  gas  com- 
pressed to  a pressure  greater  than  6 pounds  to  the  square  inch,  with- 
out a permit,  except: 

(d)  Non-combustible,  non-liquefied  gases,  such  as  atmospheric 
air,  oxygen,  carbon  dioxide,  nitrous  oxide,  compressed  to  a pressure 
not  exceeding  100  pounds  to  the  square  inch  and  in  quantities  not 
exceeding  a total  container  capacity  of  30  cubic  feet; 

(e)  Non-combustible,  non-liquefied  gases,  such  as  atmospheric 
air,  oxygen,  nitrous  oxide,  nitrogen,  compressed  to  a pressure  not 
exceeding  300  pounds  to  the  square  inch  and  in  quantities  not  ex- 
ceeding a total  container  capacity  of  30  cubic  feet,  and  in  containers 
of  which  none  shall  have  a capacity  exceeding  6 cubic  feet; 

(f)  Non-combustible,  non-liquefied  gases,  such  as  atmospheric 
air,  oxygen  or  nitrogen,  compressed  to  a pressure  exceeding  300 
pounds  to  the  square  inch  and  in  quantities  not  exceeding  a total 
container  capacity  of  20  cubic  feet,  and  in  containers  none  of  which 
shall  have  a capacity  exceeding  2.5  cubic  feet; 


EXPLOSIVES  AND  HAZAKDOUS  TRADES 


155 


(g)  Combustible,  non-liquefied,  non-absorbed  gases,  such  as 
hydrogen,  illuminating  gas,  compressed  to  a pressure  not  exceeding 
300  pounds  to  the  square  inch,  and  in  quantities  not  exceeding  a 
total  container  capacity  of  30  cubic  feet  and  in  containers  none  of 
wtiich  shall  have  a capacity  exceeding  6 cubic  feet; 

(h)  Combustible,  non-liquefied,  non-absorbed  gases,  such  as 
hydrogen,  illuminating  gas,  compressed  to  a pressure  exceeding  300 
pounds  to  the  square  inch  and  in  quantities  not  exceeding  a total 
container  capacity  of  10  cubic  feet,  and  in  containers  none  of  which 
shall  have  a capacity  exceeding  2.5  cubic  feet; 

(i)  Soda  water  tanks  containing  carbonic  acid  under  pressure  not 
exceeding  150  pounds  to  the  square  inch,  and  in  quantities  not  ex- 
ceeding a total  container  capacity  of  20  cubic  feet,  and  in  containers 
none  of  which  shall  have  a capacity  exceeding  2 cubic  feet; 

(j)  Absorbed  acetylene,  under  pressure  not  exceeding  250  pounds 
to  the  square  inch,  and  in  quantities  not  exceeding  a total  container 
capacity  of  10  cubic  feet,  and  in  containers  none  of  which  shall  have 
a capacity  exceeding  2.5  cubic  feet; 

^ (k)  Non-cpmbustible  liquefied  gases,  except  ammonia,  such  as 
nitrous  oxide,  carbonic  acid,  sulphur  dioxide,  chlorine,  in  quantities 
not  exceeding  a total  container  capacity  of  12  cubic  feet,  and  in 
containers  none  of  w^hich  shall  have  a capacity  exceeding  1.5  cubic 
feet.  Anhydrous  liquid  ammonia  not  exceeding  a total  container 
capacity  of  12  cubic  feet,  and  in  containers  none  of  which  shall  have 
a capacity  exceeding  5.5  cubic  feet,  except  as  otherwise  provided  in 
these  regulations. 

1.  Combustible,  liquefied  gases,  such  as  Blaugas,  in  quantities 
not  exceeding  a total  container  capacity  of  8 cubic  feet,  and  in  con- 
tainers none  of  which  shall  have  a capacity  exceeding  1.5  cubic  feet. 
(Amend.  July  16,  1915.) 

2.  Certificate  of  fitness.  No  gas  shall  be  compressed  or  generated 
to  a pressure  greater  than  15  pounds  to  the  square  inch,  unless  under 
the  supervision  of  a person  holding  a certificate  of  fitness.  (Amend. 
July  16,  1915.) 

3.  Construction.  All  tanks  and  cylinders  used  for  the  storage  of 
gas  under  pressure  shall  be  constructed  of  rolled,  drawn  or  forged 
steel,  and  shall  be  either  seamless,  brazed,  welded  or  riveted.  Con- 
tainers now  in  use  and  purchased  hereafter  for  storing  or  transport- 
ing compressed  gases,  must  be  subjected  at  least  once  in  5 years  to 
a uniform  interior  pressure  test,  in  which  the  test  pressure  must  be 
as  follows: 

For  containers  for  liquid  carbonic  acid,  liquid  nitrous  oxide,  or 
Blaugas,  3,000  pounds  to  the  square  inch; 

For  containers  for  liquid  anhydrous  ammonia,  not  less  than  430 
pounds  to  the  square  inch; 

For  containers  for  liquid  chlorine,  not  less  than  400  pounds  to  the 
square  inch; 

For  containers  for  liquid  sulphur  dioxide,  not  less  than  250  pounds 
to  the  square  inch; 

For  containers  for  compressed  gases,  not  liquefied  and  not  ab- 
sorbed, not  less  than  twice  the  charging  pressure  at  70°  F.,  unless 
such  test  pressure  should  exceed  600  pounds,  in  which  case  the  test 


156 


CHAPTER  10 


pressure  shall  be  not  leos  than  one  and  two-thirds  times  the  charging 
pressure,  and  70°  F.; 

A cylinder  must  be  condemned  when  it  leaks,  or  when  the  per- 
manent expansion  exceeds  10  per  cent,  of  the  total  expansion. 
When  the  charging  pressure  is  less  than  300  pounds  to  the  square 
inch,  it  will  not  be  necessary  to  measure  the  permanent  expansion  in 
quinquennial  pressure  tests  provided  the  cylinder  in  question  has 
previously  passed  this  test.  All  containers  used  for  storage  and 
transportation  of  compressed  gases  under  more  than  15  pounds 
pressure  to  the  square  inch,  must  be  plainl}^  stamped  with  the  date 
of  the  last  test;  for  example,  ^‘9-13^^  for  September,  1913.  Con- 
tainers that  have  not  been  tested  and  marked  as  prescribed  herein 
must  not  be  charged  or  transported  until  properly  tested  and  marked. 
(Amend.  July  16,  1915.) 

4.  Containers;  certificate  of  approval.  No  person  shall  transport, 
store  or  sell  any  gas  compressed  to  a pressure  greater  than  15  pounds 
to  the  square  inch,  except  it  be  contained  in  a metal  tank,  cylinder 
or  other  metal  container,  or  of  a type  approved  by  the  fire  commis- 
sioner or  the  interstate  commerce  commission.  (Amend.  July  16, 
1915.) 

5.  Pressure  gauge.  Containers  used  for  the  storage  of  gas  under 
pressure  of  more  than  15  pounds  to  the  square  inch  shall  be  provided 
with  a pressure  gauge,  or  with  an  opening  to  which  such  gauge  may 
be  attached,  for  determining  the  pressure  of  the  gas  in  the  container. 
After  January  1st,  1916,  no  container  exceeding  12  inches  in  length, 
containing  liquefied  gases,  gases  in  solution  or  other  gases  under  a 
pressure  of  more  than  15  pounds  per  square  inch  at  70°  F.,  except 
anhydrous  ammonia,  shall  be  filled  within  the  city,  except  for 
immediate  export;  nor  shall  any  such  filled  cylinder  be  brought  into 
the  city  unless  it  be  equipped  with  a safety  device  or  fusible  plug  of 
a type  approved  by  the  fire  commissioner  or  interstate  commerce 
commission,  to  prevent  the  explosion  of  a normally  charged  cylinder 
when  placed  in  a fire.  (Amend.  July  16,  1915.) 

6.  Stamped.  Each  container  used  for  the  storage  or  transporta- 
tion of  gas  under  pressure  shall  have  plainly  and  permanently  marked 
thereon  the  name  of  the  original  purchaser  or  manufacturer,  or  a 
mark  by  which  the  ownership  or  responsibility  for  filling  the  con- 
tainer can  easily  be  established,  and  each  container  shall  be  identified 
by  a serial  number.  When  containers  are  tested  a complete  record 
shall  be  kept  thereof,  and  this  record,  or  a certified  copy  thereof 
shall,  upon  reasonable  notice  and  demand,  be  produced  for  the  in- 
spection of  the  interstate  commerce  commission  or  the  fire  com- 
missioner. (Amend.  July  16,  1915.) 

7.  (Repealed,  Ord.  July  16,  1915.) 

§ 212.  Acetylene. 

Subd.  1-7,  p.  201. 

8.  Storage  tanks.  All  tanks  and  cylinders  used  for  the  storage  of 
acetylene  under  pressure  having  originally  passed  the  required  test, 
shall  be  exempt  from  the  quinquennial  test,  but  shall  be  designed 
and  constructed  to  withstand  a pressure  of  1,200  pounds  to  the 
square  inch  without  rupture,  and  to  withstand  a pressure  of  at  least 
550  pounds  to  the  square  inch  without  exhibiting  strain  beyond  the 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


157 


point  of  usefulness.  Each  tank  and  cylinder  used  for  the  storage  of 
acetylene  under  pressure  shall  be  tested  to  withstand  a pressure  of 
500  lbs.  to  the  square  inch;  and  no  person  shall  generate,  transport, 
store  or  sell  acetylene  in  an  apparatus,  tank  or  other  container  in  the 
construction  of  which  unalloyed  copper  is  used.  No  tank  or  cylinder 
containing  acetylene  in  quantities  aggregating  more  than  2,500 
cubic  feet  shall  be  stored  in  any  building  except  under  a special 
permit.  Acetylene  contained  in  tanks  or  cylinders  attached  to  ve- 
hicles and  ready  for  use  shall  not  be  included  in  computing  the 
quantity  stored  in  any  building. 

9-11,  p.  202. 

§ 213,  p.  202. 


Article  18. — Refrigerating  Plants. 

Section  216.  Permits. 

217.  Refrigerating  plants. 

218.  Pressure. 

219.  Lights. 

220.  Precautions. 

221.  Exemj)tions. 

Section  216.  Permits.  Except  as  hereinafter  provided  in  this 
article,  it  s all  be  unlawful  to  operate  within  the  city  any  plant 
producing  refrigeration  by  means  of  gases  under  pressure  in  connec- 
tion with  cold  storage  plants,  brew’eries,  ice  manufacturies,  hotels, 
restaurants  or  other  places,  without  a permit. 

§ 217.  Refrigerating  plants.  1.  Construction.  Each  refrigerat- 
ing plant  shall  be  equipped  with  an  emergency  pipe  or  pipes  by  which, 
in  case  of  accident,  the  gas  under  pressure  can  be  discharged  by  a 
valve  which  can  be  opened  both  inside  and  outside  the  refrigerating 
plant  into  water,  or  brought  into  contact  with  sufficient  water  to 
absorb  and  carry  off  all  gases  so  discharged.  At  the  discretion  of 
the  fire  commissioner  the  emergency  pipe  or  pipes  may  conduct  the 
gases  to  a point  at  least  10  feet  above  the  roofs  of  adjacent  buildings 
into  the  open  air. 

2.  Safety  devices.  All  refrigerating  machines  shall  be  equipped 
with  automatic  safety  devices,  which  discharges  at  300  lbs.  pressure 
to  the  square  inch  for  ammonia,  1,400  lbs.  pressure  to  the  square 
inch  for  carbon  dioxide,  100  lbs.  pressure  to  the  square  inch  for 
sulphur  dioxide,  and  100  lbs.  pressure  to  the  square  inch  for  ethyl 
chloride  into  the  emergency  pipes  required  by  the  preceding  section 
or  Into  the  low  pressure  side. 

3.  Exits.  In  refrigerating  plants  built  and  erected  after  July  1, 
1915,  every  room  containing  pipes  carrying  a refrigerating  chemical 
under  pressure  exceeding  40  lbs.  per  square  inch  for  ethyl  chloride, 
60  lbs.  for  sulphur  dioxide,  100  lbs.  for  ammonia  and  500  lbs.  for 
carbon  dioxide,  and  which  by  acciden'.  may  become  filled  with  the 
gases  generated  by  said  chemicals,  shall  have  an  exit  to  the  open 
air  direct  or  by  means  of  stairway  or  to  a room  or  hall  from  which 
said  gases  can  be  excluded.  Other  refrigerating  plants  shall  be  pro- 
vided with  such  means  of  exit  as  the  fire  commissioner  may  pre- 
scribe. Rooms  which  contain  only  the  liquid  supply  pipe  to  the 


15S 


CHAPTER  10 


refrigerator  coils  are  not  included  within  the  meaning  of  this  section. 

§ 218.  Pressure.  The  maximum  pressure  allowed  in  refrigerating 
machines  shall  not  exceed  300  lbs.  for  ammonia,  1,400  lbs.  for  carbon 
dioxide,  100  lbs.  for  sulphur  dioxide  and  100  lbs.  for  eth^d  chloride 
to  the  square  inch.  All  pipes  used  for  refrigerating  purposes  shall 
stand  a hydrostatic  test  of  at  least  double  the  maximum  pressure 
per  square  inch  specified  in  this  section.  All  fittings  must  be 
guaranteed  to  stand  a pressure  of  at  least  three  times  the  maximum 
pressure  per  square  inch  specified  in  this  chapter. 

§ 219.  Lights.  No  room  containing  refrigerating  condensers  or 
compressors  of  ammonia  or  ethyl  chloride  under  pressure  shall  have 
in  it  any  open  flame,  arc  light  or  direct  opening  into  the  boiler  room; 
but  an  internal  combustion  engine  may  be  located  therein,  which 
may  be  started  in  the  usual  manner.  There  shall  be  a fire  wall 
between  such  room  and  the  boiler  room,  equipped  with  a self-closing 
door. 

§ 220.  Precautions.  1.  Helmets  or  respirators.  In  such  large 
refrigerating  plants  as  may  be  designated  by  the  fire  commissioner 
there  shall  be  kept,  fit  and  available  for  use,  suitable  helmets  or 
respirators  which  shall  permit  the  wearer  to  reach,  without  suffoca- 
tion, any  part  of  the  refrigerating  system.  ^ 

2.  Pipes  to  be  designated.  In  all  refrigerating  plants  the  pipes 
in  the  engine  room  shall  have  conspicuous  signs  displayed  at  proper 
places,  designating  in  easily  legible  letters  the  name  of  the  refrigerat- 
ing chemical  contained  therein. 

3.  Rules.  In  all  refrigerating  plants  there  shall  be  posted  several 
copies  of  a brief  set  of  rules  satisfactory  to  the  fire  commissioner,  di- 
recting all  employees  as  to  their  duties  in  case  of  fire,  or  other  emer- 
gencies. Employers  shall  be  responsible  for  the  proper  drill  of  all 
employees  in  such  emergency  duties. 

4.  Supervision.  No  refrigerating  machine  of  over  three  tons 
refrigerating  capacity  shall  be  operated  unless  under  the  charge  of 
a person  holding  a certificate  of  fitness  from  the  fire  commissioner. 

§ 221.  Exemptions.  1.  Surplus  storage.  Refrigerating  plants 
may  store  a surplus  stock  of  the  refrigerating  chemical  of  two  cyl- 
inders or,  if  necessary,  a quantity  not  to  exceed  ten  per  cent,  of  the 
charge  of  the  plant.  No  cylinders  containing  gas  under  pressure 
shall  be  stored  in  the  boiler  room. 

2.  Refrigerating  machines  of  less  than  three  tons  capacity.  The 
fire  commissioner  may  exempt  from  the  provisions  of  this  article 
refrigerating  machines  of  less  than  three  tons  refrigerating  capacity, 
provided  a certificate  of  approval  has  been  issued  for  such  machine. 

(This  article  was  added  by  ordinance  May  25,  1915.) 

Article  19. — Nitro-Cellulose. 

Sections  230-231,  p.  202. 

§ 232.  Nitro-cellulose  products. 

1-2,  p.  203. 

3.  Storage  of  raw  material.  All  nitro-cellulose  products  in  the 
form  of  blocks,  slabs,  sheets,  rods,  tubes  or  other  shapes  to  be  used 
for  further  manufacture,  shall  be  kept  stored  in  a fireproof  room  or 
compartment,  constructed  in  accordance  with  plans  submitted  to 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


159 


and  approved  by  the  fire  commissioner,  and  in  all  cases  shall  be 
provided  with  suitable  ventilation.  (Amend.  May  25,  1915.) 

4-5,  p.  203. 

§§  233,  234,  p.  203. 

Article  20. — Inflammahle  Motion  Films. 

Section  240.  Permit. 

241.  Restrictions. 

242.  Storage-rooms. 

243.  Work-rooms. 

244.  Fire  prevention. 

245.  Projecting  machines. 

246.  Transportation. 

Section  240.  Permit.  No  person  shall  store  or  keep  on  hand  any 
inflammable  motion  picture  films  in  quantities  greater  than  5 reels, 
or  aggregating  more  than  5,000  feet  in  length,  without  a permit. 
(Amend.  June  22,  1915.) 

§ 241,  p.  204. 

§ 242.  Storage-rooms.  A room,  vault  or  compartment  used  for 
the  storage  of  inflammable  m.otion  picture  films  shall  not  be  arti- 
ficially lighted  except  by  electric  lights  having  air  tight  bulbs,  globes 
or  tubes  encased  in  suitable  wire  cages  and  fitted  with  keyless 
sockets.  (Amend.  June  22,  1915.) 

§ 243.  Work-rooms. 

1-3,  p.  205. 

4.  Supervision.  All  storage,  manufacturing,  repairing  and  ex- 
amination of  inflammable  motion  picture  films  shall  be  under  the 
direct  supervision  of  one  or  more  persons  holding  a certificate  of 
fitness  from  the  fire  commissioner;  such  persons  shall  be  charged 
with  the  enforcement  of  section  8 of  this  chapter  prohibiting  smok- 
ing. (Am.end.  June  22,  1915.) 

§ 244.  Fire  prevention. 

1.  Storage  of  cements.  No  collodion,  amyl  acetate  or  other 
similar  inflammable  cement  or  liquid  in  quantities  greater  than  1 
quart  shall  be  kept  in  a room  where  inflammable  motion  picture 
Aims  are  stored  or  repaired.  Premises  wherein  inflammable  motion 
picture  films  are  stored,  manufactured,  repaired  or  examined  shall 
be  equipped  with  a number  of  sand  and  water  buckets  and  fire  ex- 
tinguishers satisfactory  to  the  fire  commissioner.  (Amend.  June  22, 
1915.) 

2.  p.  205. 

§ 245.  Projecting  machines.  No  inflammable  motion  picture 
film  shall  be  used  in  any  moving  picture  projecting  machine  not 
enclosed  in  an  approved  booth.  (Amend.  June  22,  1915.) 

§ 246.  Transportation.  No  person  shall  transport  inflammable 
motion  picture  films  in  any  underground  subway  train,  or  carry 
the  same  into  any  underground  subway  station,  provided,  however, 
that  the  provisions  of  this  paragraph  shall  not  apply  to  inflammable 
Aims  transported  in  the  course  of  interstate  commerce  in  railway 
baggage  or  express  cars  under  the  jurisdiction  and  subject  to  the 
regulations  of  the  interstate  commerce  commission.  No  person 
shall  transport,  inflammable  motion  picture  films  in  any  street 


160 


CHAPTER  10 


car,  elevated  train,  omnibus,  ferryboat  or  other  public  conveyance, 
or  carry  the  same  into  any  railway  station  or  ferry  house  unless  each 
film  shall  be  separately  enclosed  in  a tightly  closed  metal  box.  Not 
more  than  8 films  so  enclosed  shall  be  carried  at  one  time  by  any 
person.  (New.  Ord.  June  22,  1915.) 

Article  21. — Distilled  Liquors  and  Alcohols, 

Section  250.  Permit. 

251.  Restrictions. 

252.  Storage. 

253.  Distillation  or  rectification. 

Sections  250-252,  p.  205. 

§ 253.  Distillation  or  rectification.  No  person  shall  distill  or 
rectify  liquors,  spirits  or  alcohols  in  any  room  or  compartment  in 
which  there  is  an  open  flame.  (New.  Ord.  May  25,  1915.) 


Article  24. — Wholesale  Drug  Stores  and  Drug  and  Chemical  Supply 

Houses. 

Sections  270-273,  p.  207. 

§ 274.  Light  and  power. 

1.  Lighting.  Cellars  and  basements  used  by  wholesale  druggist 
and  chemical  supply  house,  for  the  storage  of  volatile  inflammable 
liquids  shall  be  provided  with  a sufficient  number  of  incandescent 
electric  lights  to  insure  proper  illumination  throughout.  Such 
lights  shall  be  fitted  with  keyless  sockets  and  shall  be  controlled 
by  a switch  or  switches,  located  at  or  near  the  entrance  to  such 
cellar  or  basement  on  the  grade  floor,  with  a sign  at  such  switch  or 
switches  reading  ^‘Control  of  Basement  lights.’^  In  addition  to 
the  lights  herein  provided  for,  there  may  be  installed  such  individual 
electric  lights  as  may  be  required,  provided  that  they  shall  be  con- 
trolled by  an  independent  circuit.  (Amend.  July  16,  1915.) 

2,  p.  208. 

§ 275,  p.  208. 

§ 276.  Quantities  of  supplies  allowed.  No  permit  shall  be  issued 
for  the  storage  in  a w'holesale  drug  store  or  drug  and  chemical  supply 
house  of  any  of  the  following  substances  in  quantities  greater  than 
those  set  forth  in  the  following  schedule: 

1.  Explosives — 

Amyl  nitrate  in  bottles 25  pounds 

Amvl  nitrate  in  pearls 100  gross 

Carbon  bisulphide 50  pounds 

Collodions 100  pounds  in  all 

Gases,  liquefied: 

Anhydrous  ammonia 2 cylinders 

Carbon  dioxide 2 cylinders 

Nitrous  oxide 2 cylinders 

Oxygen 2 cylinders 

Sulphide  dioxide 2 cylinders 

Nitroglycerine,  1 per  cent,  solution  in  al- 
cohol   20  pounds 

Picric  acid 25  pounds 

Soluble  cotton 25  pounds  in  all 


EXPI^Of^IVES  AND  HAZARDOUS  TRADPjS 


161 


2.  Volatile  Inflammable  Liquids  (Insoluble) — 

Benzine,  benzole  or  naphthas  of  any 

kind 150  gallons  in  all 

Coal  tar 1 barrel 

Coal  tar  oils  (heavy) 10  barrels 

Crude  petroleum 1 barrel 

Ethyl  chloride  and  other  ethers 200  pounds  in  all 

Ether,  nitrous 100  pounds  in  5-pound 

package  or  less 

Ether,  sulphuric 500  pounds 

Rhigoline 2 dozen  1-pound  tins 

Varnishes,  lacquers,  etc 275  gallons  in  all 

Wood  creosote 5 barrels 

3.  Volatile  Inflammable  Liquids  (Soluble) — 

Acetone 1 barrel 

Alcohol,  denatured 10  barrels 

Alcohol,  ethyl 10  barrels 

Alcohol,  methyl 10  barrels 

Aldehyde,  ethyl 5 gallons 

4.  Non-volatile  inflammable  liquids  (insoluble). 

Amyl  acetate 10  barrels 

Amyl  alcohol 10  barrels 

Aniline  oil 5 drums 

Cumol 5 barrels 

Essential  oils 10,000  pounds  in  all 

Kerosene 1 barrel 

Nitrobenzole 5 drums 

Terebene 100  pounds 

Turpentine 10  barrels 

Toluol 350  pounds 

Xylol 100  pounds 

5.  Non-volatile  inflammable  liquids  (soluble). 

GKcerine 5,000  pounds 

6.  Combustible  solids. 

Metallic  magnesium 100  pounds 

Phosphorus 11  pounds 

Phosphorus,  red 11  pounds 

Sulphur .•••••. 25  barrels  in  all 

7.  Gums,  resins,  pitch,  etc. 

Burgundy  pitch 5,000  pounds 

Camphor 8,000  pounds 

Gum  thus 5 barrels 

Naphthaline 50  barrels  in  all 

Pitch  (coal  tar  pitch) 2 barrels 

Resins,  balsams  and  other  varnish  gums  8,000  pounds  in  all 

Resin 5 barrels 

Shellac 2,500  pounds 

Stockholm  tar 1,000  pounds 

Tar  refined  (wood) 10  barrels 

Venice  turpentine 2,000  pounds 

8.  Combustible  fibres  and  powders  (vegetable) . 

Cotton,  absorbent 2,000  pounds 

11 


162 


CHAPTER  10 


Cotton  batting 10  bales 

Excelsior 25  bales 

Flax 20  bales 

Jute 25  bales 

Lampblack 10  barrels 

Lycopodium / 2,000  pounds 

Oakum 2 bales 

Pulverized  charcoal 10  barrels 

Sawdust 15  bags 

Straw,  packing 10  bales 

9.  Dangerously  corrosive  acids. 

Anhydrous  acetic 500  pounds 

Carbolic 15,000  pounds 

Glacial  acetic 2,000  pounds 

Hydrochloric 15  carboys 

Hydrofluoric 500  pounds 

Sulphuric 15  carboys 

10.  Acids. 

Chromic 100  pounds 

Iodic 5 pounds 

Nitric 3 carboys 

Nitric,  fuming 25  pounds 

Periodic 2 pounds 

11. *  Peroxides. 

Barium 2 casks 

Calcium 100  pounds 

Hydrogen,  U.  S.  P 5,000  pounds 

Other  hydrogen  peroxides,  over  3 per 

cent.,  not  to  exceed  15  per  cent 500  pounds 

Potassium 10  pounds 

Sodium 25  pounds 

12.  Chlorates. 

Barium 500  pounds  ^ 

Other  metallic 100  pounds  in  all 

Potassium 1,000  pounds 

Sodium 1,000  pounds 

13.  Perchlorates. 

Potassium 10  pounds 

Other  metallic  perchlorates 10  pounds  in  all 

14.  Permanganates. 

Potassium 1,000  pounds 

Sodium 100  pounds 

Other  metallic  permanganates 100  pounds  in  all 

15.  Nitrates. 

Barium 1,200  pounds 

Bismuth  subnitrate 2,500  pounds 

Cobalt 1,000  pounds 

Copper 100  pounds 

Iron,  ferric 200  pounds 

Mercury  (mercuric) 100  pounds 

Mercury  (mercurous) 10  pounds 

Potassium 2,000  pounds 


KXPLOSIVES  AND  HAZAKDOUS  TliADEB 


io:i 


Silver 50  pounds 

Sodium 1,000  pounds 

Strontium 1,200  pounds 

Other  metallic 500  pounds  in  all 

16.  IVIetallic  oxides. 

Lead  binoxide 25  pounds 

Lead  (litharge) 1,200  pounds 

Lead  (red) 500  pounds 

Mercury;  yellow  precipitate  (mercurous)  200  pounds 

Mercury;  red  precipitate  (mercuric) ....  100  pounds 

Silver 10  pounds 

17.  Substances  made  dangerous  by  con- 

tact with  other  substances. 

Calcium  carbide 60  pounds 

Metallic  potassium 5 pounds 

Metallic  sodium 5 pounds 

All  other  metals  of  the  alkalies  or  alkalone 

earths 5 pounds  in  all 

Phosphides 10  pounds 

Zinc  dust 100  pounds 


The  fire  commissioner  may  in  his  discretion,  and  when  no  unusual 
hazard  is  presented  thereby,  authorize  the  storage  of  greater  quan- 
tities than  those  set  forth  in  the  foregoing  schedule,  or  the  storage 
of  other  substances  not  specified  therein.  (Amend.  July  16,  1915.) 

§ 277.  Storage. 

1.  (P.211.) 

2.  Liquids.  The  storage  of  acids  or  liquid  chemicals  which  may 
cause  explosions  or  combustion  by  flowing  into,  upon  or  among 
chemicals  or  other  substances,  shall  be  provided  with  safety  catch 
basins  or  a similar  device,  so  that  in  case  of  the  leakage  of  such  acids 
or  liquids  no  danger  to  life  or  property  will  result.  Carboys  contain- 
ing nitric  acid  shall  be  stored  only  on  brick  concrete  or  asphalt  floors, 
and  in  a vault  or  vaults  situated  below  the  street  level;  and  it  shall 
be  unlawful  to  permit  sawdust,  hay,  exce'sior,  or  any  organic  sub- 
stance, or  other  acids  or  chemicals  in  close  proximity  to  such  carboys 
or  stocks  of  nitric  acid.  A sufficient  quantity  of  sand  or  infusorial 
earth  shall  be  provided  for  absorbing  all  waste  liquids  from  floors. 
(Amend.  Julv  16,  1915.) 

§§  278,  279,  p.  212. 

Article  25, — Retail  Drug  Stores. 

Section  290,  p.  213. 

§ 291.  Quantities  of  supplies  allowed.  No  permit  shall  be  issued 
for  the  storage,  sale  or  use  in  a retail  dnig  store  of  any  of  the  follow- 
ing substances  in  quantities  greater  than  those  set  forth  in  the  fol- 
lowing schedule: 

1.  Acids. 

Carbolic 100  pounds 

Hydrochloric 200  pounds 

Nitric 15  pounds 

Picric 1 ounce 

Sulphuric 200  pounds 


104 


CHAPTER  10 


2.  Volatile  inflammable  liquids. 

Acetone 

Amyl  acetate 

Amyl  alcohol 

Amyl  nitrate 

Ethyl  alcohol 

Benzine,  benzole  and  naphtha  of  any 
kind 

Carbon  bisulphide 

Collodion 

Denatured  alcohol 

Ether,  sulphuric 

Methyl  alcohol 

Other  ethers,  in  all 

Turpentine 

3.  Inflammable  liquids. 

Essential  oils 

Glycerine 

Pine  tar 

4.  Combustible  solids. 

Aluminum  (powder) 

Balsams  and  resins 

Camphor 

Charcoal,  powdered 

Lamp  black 

Magnesium  (powder) 

Magnesium  (ribbon) 

Naphthalene 

Phosphorus,  red 

Phosphorus,  yellow 

Rosin 

Sulphur  and  brimstone 

5.  Combustible  fibres. 

Cotton,  absorbent 

Cotton,  batts 

Cotton,  loose 

Excelsior,  hay  and  straw 

Lint 

Oakum 


5 pounds 
1 gallon 

1 gallon 

2 ounces  in  1-ounce  bottles 
6 dozen  pearls 

1 barrel 

5 gallons  in  4-ounce  bottles 
or  pint  tins 

3 pounds 
5 pounds 
1 barrel 
5 pounds 

1 barrel 

2 pounds 
1 barrel 

100  pounds  in  all 
500  pounds 
10  pounds 

1 pound 

50  pounds  in  all 
350  pounds 
10  pounds 
10  pounds 
8 ounces 
8 ounces 

4 barrels 

2 ounces 

1 ounce 
10  pounds 

250  pounds  in  all 

150  pounds  in  cartons 
10  pounds  in  closed  boxes  or 
other  containers 

5 pounds  in  closed  boxes  or 
other  containers 

2 bales  (except  in  stores  lo- 
cated in  tenement  houses) 

10  pounps  in  closed  boxes  or 
other  containers 
10  pounds  in  closed  boxes  or 
other  containers 


6.  Oxidizers. 

Barium  peroxide 1 pound 

Bismuth  subnitrate 20  pounds 

Calcium  peroxide 5 pounds 

Chromic  acid 1 pound 

Lead  oxide  (red) 5 pounds 


EXPLOSIVES  AND  HAZARDOUS  TRADES 


165 


Lime,  unslaked 200  pounds  in  sealed  metal 

cans 

All  other  metallic  bichromates  or 

chromates 50  pounds  in  all  ^ 

Mercuric  oxide  (red) 2 pounds 

Mercurous  oxide 2 pounds 

Mercury  nitrate 1 pound 

Phosphides 10  ounces  in  all 

Potassium  bichromate 10  pounds 

Potassium  chlorate 25  pounds  in  5-pound  con- 

tainers or  less 

Potassium  nitrate 50  pounds 

Potassium  perchlorate 1 ounce 

Potassium  permanganate 5 pounds 

Silver  nitrate 1 pound 

Silver  oxide 1 ounce 

Sodium  bichromate 10  pounds 

Sodium  chlorate 5 pounds 

Sodium  nitrate 25  pounds 

Sodium  permanganate 1 pound 

The  fire  commissioner  may  in  his  discretion,  when  no  extra  hazard 
is  permitted  thereby,  authorize  the  storage  of  larger  quantities  of 
substances  than  those  set  forth  in  the  foregoing  schedule,  or  of  other 
explosives  or  inflammable  substances  not  specifically  named  therein. 
(Amend.  May  25,  1915.) 

§ 292,  p.  214. 

§ 293.  Fire  prevention. 

1,  p.  214. 

2.  Lighting.  Cellars  and  basement  used  by  retail  drug  stores  for 
the  storage  of  volatile  inflammable  liquids  shall  be  provided  with  a 
sufficient  number  of  incandescent  electric  lights  to  insure  proper 
illumination  throughout.  Such  lights  shall  be  fitted  with  keyless 
sockets  and  shall  be  controlled  by  a switch  or  switches,  located  at 
or  near  the  entrance  to  such  cellar  or  basement  on  the  grade  floor, 
with  a sign  at  such  switch  or  switches  reading  ^‘Control  of  Base- 
ment Lights. In  addition  to  the  lights  herein  provided  for,  there 
may  be  installed  such  individual  electric  lights  as  may  be  required, 
provided  that  they  shall  be  controlled  by  an  independent  circuit. 
(Amend.  May  25,  1915.) 


Article  26. — Miscellaneoim. 

Section  300.  Violations.  Any  person  who  shall  willfully  violate 
or  neglect  or  refuse  to  comply  with  any  provision  of  this  chapter, 
in  addition  to  any  other  penalties  prescribed  by  law  or  ordinance, 
shall,  upon  conviction,  be  punished  by  a fine  of  not  more  than  S500 
or  by  imprisonment  not  exceeding  6 months,  or  by  both  such  fine 
and  imprisonment.  (Amend.  May  25,  1915.) 


166 


CHAPTER  12 


Chapter  1 1 . — Fire-Arms  . 

Article  1. — General  Provisions, 

Section  1.  Pistols,  or  revolvers;  keeping  or  carrjnng.  Every  per- 
son to  whom  a license  shall  be  granted  to  have  and  possess  a pistol 
or  revolver  in  a dwelling  or  place  of  business  in  the  city  shall  pay 
therefor  an  annual  fee  of  $1.  Every  person  to  whom  a license  shall 
be  granted  to  have  and  carry  concealed  a pistol  or  revolver  in  the 
city  shall  pay  therefor  an  annual  fee  of  $1;  provided,  that  no  fee 
shall  be  charged  or  collected  for  a license  to  have  and  carry  concealed 
a pistol  or  revolver  which  shall  be  issued  upon  the  application  of  the 
commissioner  of  correction,  or  the  warden  or  superintendent  of  any 
prison,  penitentiary,  workhouse  or  other  institution  for  the  deten- 
tion of  persons  convicted  or  accused  of  crime  or  offense,  or  held  as 
witnesses  in  criminal  cases  in  the  city.  The  fees  prescribed  by  this 
section  shall  be  collected  by  the  officials  issuing  the  licenses  referred 
to  herein  and  shall  be  paid  by  them  into  the  police  pension  fund,  and 
a return  in  detail  shall  be  made  monthly  to  the  comptroller  by  such 
officials  of  the  fees  so  collected  and  paid  over  by  them.  (Amend. 
May  11,  1915.) 

§ 2.  Discharge  of  small-arms. 

Subdv.  1.  Add  at  the  end: 

‘‘the  sub-basement  of  the  premises  of  the  Citizens^  Central  National 
Bank  at  320  Broadway.^^ 

Subdv.  3.  Add  at  the  end: 

“the  grounds  of  the  Millrose  Athletic  Association  at  the  foot  of 
Bay  lith  street,  Bath  Beach.’^ 

Subdv.  5.  Add  at  the  end: 

“the  gymnasium  of  the  Moravian  Church  on  Hillside  Avenue,  Great 
Kills;  the  grounds  of  the  Kreischerville  Riffe  Club,  located  near 
Kreischerville,  about  500  yards  east  of  Fresh  Kill  road  and  200  yards 
south  from  Sharrott’s  road.” 

Chapter  12. — Fires  and  Fire  Prevention. 

Article  1 . — Fire  Extension. 

Section  6.  Street  fires;  permit  required.  No  person  shall  kindle, 
build,  maintain  or  use  a fire  upon  any  dock,  pier  or  bulkhead;  nor 
in  or  upon  a street  or  vacant  lot,  without  a permit  from  the  fire 
commissioner.  A permit  to  kindle,  build,  maintain  and  use  a fire 
in  or  upon  a public  street  for  the  purpose  of  conducting  a trade  or 
business  may  be  issued  by  the  fire  commissioner  upon  an  applica- 
tion giving  such  information  as  may  be  required  by  him,  and  upon 
receipt  of  a fee  of  ^0.50;  but  no  permit  shall  be  issued  to  kindle, 
build,  maintain  or  use  a fire — 

(a)  Within  15  feet  of  a fire  hydrant; 

(b)  Within  2 feet  of  the  surface  of  any  stone  pavement; 

(c)  On  or  within  2 feet  of  the  surface  of  any  asphalt  pavement, 
except  for  the  purpose  of  repairing,  removing  or  constructing  the 
same. 

A fire  kindled,  built  and  maintained  under  a permit  issued  in 
conformity  with  the  provisions  of  this  section  shall  be  continuously 


FIRES  AND  FIRE  PREVENTION  107 

under  the  care  and  direction  of  a competent  person  from  the  time  it 
is  kindled  until  it  is  extinguished.  (Amend.  May  25,  1915.) 

Article  2» 

Section  24.  Storage  of  combustible  fibres. 

1,  p.  223. 

2.  Permit  required.  No  person  shall  store  or  keep  on  hand  in  any 
premises  any  combustible  fibre  or  material  in  excess  of  1 ton  without 
a permit  from  the  commissioner;  provided,  however,  that  in  rural 
communities  outside  of  fire  limits,  no  permit  shall  be  required  for 
the  storage  of  hay  and  straw  in  barns  or  out-of-doors  stacks,  where 
such  stacks  are  not  within  50  feet  of  a building  occupied  as  a dwelling. 
The  annual  fee  for  such  a permit  shall  be  for  quantities  of  10  tons  or 
more,  $10;  over  5 tons  and  less  than  10  tons,  $5;  over  1 ton  and  less 
than  5 tons,  $2.  (Amend.  July  16,  1915.) 

3.  Restrictions.  No  permit  shall  be  issued  for  such  storage  in 
any  building  or  premises: 

a.  Situated  within  50  feet  of  the  nearest  wall  of  a building  occupied 
as  a school,  hospital,  theatre  or  other  place  of  public  amusement  or 
assembly; 

b.  Occupied  as  a tenement  house,  or  hotel; 

c.  Of  wooden  construction,  except  in  sparsely  populated  districts, 
where  it  shall  be  in  the  discretion  of  the  commissioner; 

d.  Which  is  not  equipped  with  a fire  extinguishing  system,  ap- 
proved by  the  fire  commissioner; 

e.  Where  paints,  varnishes,  or  lacquers  are  manufactured,  stored 
or  kept  for  sale; 

f.  Where  dry  goods,  or  other  highly  inflammable  materials  are 
manufactured,  stored  or  kept  for  sale; 

g.  Where  matches,  rosin,  turpentine  or  any  explosives  are  stored 
or  kept.  (Amend.  July  16,  1915.) 

4,  p.  223. 

5,  p.  224. 

6.  Factories.  The  storage  of  combustible  fibres  in  any  building 
used  as  a factory  or  workshop  (except  where  such  combustible  fibre 
enters  into  the  article  or  material  manufactured  in  such  workshop 
or  factory)  is  prohibited  unless  such  combustible  fibre  does  not 
exceed  five  tons  and  is  used  and  stored  in  a portion  of  the  premises 
separated  from  the  remainder  of  the  building  by  walls,  floors  and 
ceilings,  protected  by  fire  retarding  material  and  with  all  floor  open- 
ings similarly  protected  and  constructed  in  a manner  approved  by 
the  fire  commissioner.  In  no  event  shall  more  than  one  permit  be 
granted  for  the  storage  of  combustible  fibre  in  a single  building 
used  as  a factory  or  workshop.  (New.  Ord.  July  16,  1915.) 

§ 25.  Storage  of  empty  wooden  packing  boxes,  cases,  and  barrels. 

1,  p.  224. 

2.  Restrictions.  No  permit  shall  be  issued  for  the  storage  of 
empty  wooden  packing  boxes,  cases  or  barrels  in  any  lot,  shed  or 
inclosure; 

a.  Which  is  not  enclosed  by  a substantial  fence  not  less  than  10 
nor  more  than  18  feet  in  height  above  the  street  level.  If  any  build- 
ing having  an  unpierced  fire  wall  adjoins  the  enclosure  no  fence  shall 


168 


CHAPTER  14 


be  required  on  the  side  of  such  building.  The  storage  space  shall  be 
completely  separated  from  any  window  or  door  openings  of  the 
wall  of  an  adjoining  building  by  a substantial  fence  of  fire-retarding 
materials  of  a height  satisfactory  to  the  Fire  Commissioner,  erected 
at  least  6 feet  from  such  opening  and  extended  at  least  6 feet  on 
each  side  thereof  and  continued  to  the  sides  of  the  enclosure  or 
carried  to  the  walls  of  the  building. 

No  permit  shall  be  issued  authorizing  the  storage  of  empty  wooden 
packing  boxes  or  barrels  in  any  building  or  structure  the  walls  of 
which  are  not  built  of  fireproof  material  except  in  sparsely  popu- 
lated districts. 

b.  Which  is  situated  within  50  feet  of  the  nearest  wall  of  a build- 
ing occupied  as  a hospital,  school,  theatre  or  other  place  of  public 
amusement  or  assembly.  (Amend.  May  25,  1915.) 

3.  Fire  prevention.  No  person  shall  pUe  empty  wooden  packing 
boxes,  cases  or  barrels  to  a height  greater  than  6 inches  below  the 
top  of  the  inclosing  wall  required  by  subdivision  2 of  this  section. 
Excelsior,  sawdust,  paper  and  packing  material  shall  be  removed 
from  the  premises  at  least  once  daily;  electric  motors  shall  be  en- 
closed in  an  approved  manner;  at  least  twelve  water  buckets  of 
10  quarts  capacity  shall  be  provided  for  every  2,500  square  feet  of 
floor  surface,  or  in  lieu  thereof,  hose  of  at  least  1 inch  in  diameter, 
equipped  with  a nozzle  of  at  least  one-half  inch  in  diameter,  suffi- 
cient in  length  to  reach  all  parts  of  the  enclosure,  and  connected  to 
an  adequate  water  supply.  (Amend.  May  25,  1915.) 

Chapter  14. — Licenses. 

Article  4. — Dealers  in  Second-hand  Articles. 

Section  41.  License  fee  and  bond;  term.  The  annual  license  fee 
for  each  dealer  in  second-hand  articles  shall  be  $25,  and  every  such 
dealer  shall  give  a bond  to  the  city,  with  sufficient  surety,  to  be  ap- 
proved by  the  commissioner  of  licenses,  in  the  penal  sum  of  $100, 
conditioned  for  the  due  observance  of  the  provisions  of  law  or  or- 
dinance relating  to  such  dealers. 

All  licenses  for  dealers  in  second-hand  articles  shall  be  issued  as 
of  February  1 and  shall  expire  on  the  31st  day  of  January  next 
succeeding  the  date  of  issuance  thereof. 

All  licenses  for  dealers  in  second-hand  articles  now  in  force,  which 
shall  not  sooner  expire,  shall  expire  on  the  31st  day  of  January  next 
succeeding  the  date  on  which  this  ordinance  takes  effect.  All  licenses 
for  dealers  in  second-hand  articles  now  in  force,  the  terms  of  which 
would  oyierwise  bring  their  expiration  to  a period  beyond  the  31st 
day  of  January  next  succeeding  the  date  this  ordinance  takes  ef- 
fect, may  be  renewed  by  the  licensees  for  another  term  if  presented 
on  or  before  the  said  January  31st,  and  for  each  full  calendar  month 
of  the  unexpired  term  of  the  old  license  a pro  rata  amount  of  the  fee 
paid  therefor  shall  be  applied  toward  the  payment  of  the  new  fee, 
and  all  licenses  issued  between  the  time  this  ordinance  becomes 
effective  and  the  following  January  31st,  shall  be  charged  the  full 
fee  mentioned  above,  but  may  be  renewed  by  the  licensees,  if  pre- 


LICENSED 


169 


sen  ted  on  or  before  the  said  January  31st,  at  the  pro  rata  rates  here- 
tofore prescribed  in  this  paragraph.  (Amend.  July  16,  1915.) 

Article  6. — Dirt-Carts. 

Section  51.  License  fee;  designation;  term.  The  annual  license 
fee  for  each  dirt-cart  shall  be  $1 . Every  licensed  dirt-cart  shall  show 
on  each  outside  thereof  the  words  Dirt  Cart,^^  or  the  letters  D.  C.,” 
together  with  the  figures  of  its  official  number. 

Licenses  for  dirt-carts  shall  be  issued  as  of  August  1,  and  shall 
expire  on  the  31st  day  of  July  next  succeeding  the  date  of  issuance 
thereof. 

All  the  dirt-cart  licenses  now  in  force,  which  shall  not  sooner 
expire,  shall  expire  on  July  31  following  the  date  this  ordinance 
takes  effect.  All  dirt-cart  licenses  issued  between  the  time  this 
ordinance  takes  effect  and  the  following  July  31  shall  expire  on 
said  July  31.  (Amend.  July  16,  1915.) 

Article  6. — Expresses  and  Expressmen. 

Section  61.  License  fee;  designation.  The  annual  fee  for  each 
vehicle  used  as  a public  express  shall  be  15.  Every  such  vehicle 
shall  show  on  the  exterior  of  both  sides  thereof  the  word  ^‘express,” 
or  the  abbreviation  “Exp.,^’  with  the  number  of  its  license. 

Licenses  for  express  wagons  shall  be  issued  as  of  October  1,  and 
shall  expire  on  the  30th  day  of  September  next  succeeding  the  date 
of  issuance  thereof. 

All  express  wagon  licenses  now  in  force,  which  shall  not  sooner 
expire,  shall  expire  on  the  30th  day  of  September  next  succeeding 
the  date  on  which  this  ordinance  takes  effect.  All  licenses  now  in 
force,  the  terms  of  which  would  otherwise  bring  their  expiration  to  a 
period  beyond  the  30th  day  of  September  next  succeeding  the  date 
this  ordinance  takes  effect,  may  be  renewed  by  the  licensees  for 
another  term,  if  presented  for  renewal  on  or  before  the  said  Sep- 
tember 30th,  and  for  each  full  calendar  month  of  the  unexpired 
term  of  the  old  license  a pro  rata  amount  of  the  fee  paid  therefor 
shall  be  applied  toward  the  payment  of  the  new  fee.  All  express 
wagons  licensed  between  the  time  this  ordinance  becomes  effective 
and  the  following  September  30th,  shall  be  charged  the  full  fee 
mentioned  above,  but  may  be  renewed  if  presented  for  renewal  on 
or  before  the  said  September  30th,  for  another  term,  at  the  pro  rata 
rates  heretofore  prescribed  in  this  paragraph.  (Amend.  June  29, 
1915.) 

§ 62.  Licensed  drivers  required.  Every  person  driving  a licensed 
express  shall  be  licensed  as  such,  and  shall  pay  an  annual  license  fee 
of  $1.  Every  application  for  an  express  driver’s  license  shall  be  en- 
dorsed, in  writing,  by  two  reputable  residents  of  the  city,  testifying 
to  the  competence  of  the  applicant.  No  owner  of  a public  express 
shall  employ  an  unlicensed  driver  under  a penalty  of  $10  for  each 
offense. 

Licenses  for  express  drivers  shall  be  issued  as  of  October  1,  and 
shall  expire  on  the  30th  day  of  September  next  succeeding  the  date 
of  issuance  thereof. 

All  express  driver  licenses  now  in  force,  which  shall  not  sooner 


170 


CHAPTER  14 


expire,  shall  expire  on  Septernber  30  following  the  date  this  ordinance 
takes  effect.  All  express  drivers’  licenses  issued  between  the  time 
this  ordinance  takes  effect  and  the  following  September  30  shall 
expire  on  said  September  30.  (Amend.  June  29,  1915.) 

Article  7. — Exterior  Hoists. 

Section  70.  Licenses;  fees;  term.  No  person  shall  hoist  anything 
whatsoever,  on  the  outside  of  a building  from  the  street,  into  any 
loft  or  lower  anything  on  the  outside  thereof,  by  an>  means,  without 
a license  therefor  and  giving  an  indemnity  bond  to  the  city,  with 
sufficient  surety,  approved  by  the  commissioner.  Any  one  generally 
engaged  in  such  a business  shall  take  out  a general  license,  and  any 
one  so  hoisting  in  front  of  certain  premises  only  shall  take  out  a 
special  license  therefor.  The  annual  fee  for  a general  hoisting  license 
shall  be  $25.  The  fee  for  a special  hoisting  license  shall  be  $1. 

All  licenses  for  exterior  hoists  shall  be  issued  as  of  January  1,  and 
shall  expire  on  the  31st  day  of  December  next  succeeding  the  date 
of  issuance  thereof. 

All  licenses  for  exterior  hoists  now  in  force,  which  shall  not  sooner 
expire,  shall  expire  on  the  31st  day  of  December  next  succeeding  the 
date  on  which  this  ordinance  takes  effect. 

All  general  hoist  licenses  now  in  force,  the  terms  of  which  would 
otherwise  bring  their  expiration  to  a period  beyond  the  31st  day  of 
December  next  succeeding  the  date  this  ordinance  takes  effect, 
may  be  renewed  for  another  term  by  the  licensees,  if  presented 
or  before  the  said  December  31,  and  for  each  full  calendar  month 
of  the  unexpired  term  of  the  old  license  a pro  rata  amount  of  the  fee 
paid  therefor  shall  be  applied  toward  the  payment  of  the  new  fee. 
All  hoist  licenses  issued  between  the  time  this  ordinance  becomes 
effective  and  the  following  December  31,  shall  be  charged,  the  full 
fee  mentioned  above,  but  all  such  general  hoist  licenses  may  be  re- 
newed by  the  licensees,  if  presented  on  or  before  such  December  31, 
at  the  pro  rata  rates  heretofore  prescribed  in  this  paragraph.  (Amend. 
July  16,  1915.) 


Article  9. — Junk  Dealers. 

Section  121.  License  fee  and  bond;  term.  Every  junk  dealer  shall 
pay  an  annual  license  fee  of  $20  and  give  a bond  to  the  city,  with 
sufficient  surety  approved  by  the  commissioner,  in  the  penal  sum  of 
$250,  conditioned  for  the  due  observance  of  all  municipal  ordinances. 
Each  junk  cart  or  junk  boat  shall  pay  an  annual  license  fee  of  $5. 

All  junk  dealers’  licenses,  including  junk  carts  and  junk  boats, 
shall  be  issued  as  of  November  1,  and  shall  expire  on  the  31st  day  of 
October  next  succeeding  the  date  of  issuance  thereof. 

All  junk  dealers’  licenses,  including  junk  carts  and  junk  boats,  now 
in  force,  which  shall  not  sooner  expire,  shall  expire  on  the  31st  day  of 
October  next  succeeding  the  date  on  which  this  ordinance  takes 
effect.  All  licenses  now  in  force,  the  terms  of  which  would  otherwise 
bring  their  expiration  to  a period  beyond  the  31st  day  of  October  next 
succeeding  the  date  this  ordinance  takes  effect,  may  be  renewed  by 
the  licensees  for  another  term,  if  presented  on  or  before  the  said 
October  31,  and  for  each  full  calendar  month  of  the  unexpired  term 


LICENSES 


171 


of  the  old  license  a pro  rata  amount  of  the  fee  paid  therefor  shall  be 
applied  toward  the  payment  of  the  new  fee.  All  junk  dealers,  includ- 
ing junk  carts  and  boats,  licensed  between  the  time  this  ordinance 
becomes  effective  and  the  following  October  31st,  shall  be  charged  the 
full  fee  mentioned  above,  but  may  be  renewed  for  another  term,  if 
presented  by  the  licensees  on  or  before  such  October  31st,  at  the  pro 
rata  rates  heretofore  prescribed  in  this  paragraph.  (Amend.  June  29, 
1915.) 

§ 123.  Record  of  purchases.  Every  junk  dealer  shall  keep  a book 
in  which  shall  be  legibly  written,  at  the  time  of  every  purchase,  a 
description  of  every  article  so  purchased,  the  name,  residence  and 
general  description  of  the  person  from  whom  such  purchase  was 
made,  the  day  and  hour  of  such  purchase,  and,  when  the  purchase 
consists  of  articles  from  a scow,  coal-boat,  lighter,  tug  or  other  vessel, 
the  name  of  such  scow,  coal-boat,  lighter,  tug  or  other  vessel,  and 
the  name  and  residence  of  the  owner  thereof,  and  the  book  shall  at 
all  reasonable  times  be  open  to  the  inspection  of  any  police  officer, 
or  the  Mayor,  the  Commissioner  or  any  inspector  of  licenses,  or 
any  magistrate,  or  any  person  duly  authorized  in  writing,  for  such 
purpose,  by  the  Commissioner  or  any  magistrate,  who  shall  exhibit 
such  authorization  to  the  dealer.  (Amend.  May  25,  1915.) 

Article  12. — Public  Porters. 

Section  151.  License  fees;  term.  Every  person  on  receiving  a 
license  to  be  a public  porter  shall  pay  a fee  of  $1;  and  the  sum  of 
25  cents  upon  each  renewal  of  such  license. 

All  public  porter  licenses  shall  be  issued  as  of  January  1,  and  shall 
expire  on  the  31st  day  of  December  next  succeeding  the  date  of  is- 
suance thereof. 

All  public  porter  licenses  now  in  force,  which  shall  not  sooner 
expire,  shall  expire  on  the  31st  day  of  December  next  succeeding 
the  date  on  which  this  ordinance  takes  effect,  but  may  be  renewed 
by  the  licensees  for  another  term,  if  presented  on  or  before  the  said 
December  31,  for  the  renewal  fee  mentioned  above;  and  all  licenses 
issued  between  the  date  this  ordinance  takes  effect  and  the  following 
December  31st  shall  be  charged  the  full  fee,  but  may  be  renewed  by 
the  licensees,  if  presented  on  or  before  the  said  December  31st,  for 
the  renewal  fee  prescribed  above.  (Amend.  July  16,  1915.) 

Article  I4. — Street  Musicians. 

Section  170.  Hand-organ  grinders. 

171.  Itinerant  musicians. 

Section  170.  Hand-organ  grinders.  No  person  shall  use  or  per- 
form on  a hand  organ  in  any  street  or  public  place,  unless  such  hand 
organ  shall  be  licensed  as  hereinafter  ordained.  Upon  payment 
of  a license  fee  of  $5  per  annum,  the  commissioner  of  licenses  may 
grant  and  issue  licenses  for  such  number  of  hand  organs  as  he  may 
deem  proper,  not  to  exceed,  however,  the  total  number  of  800. 
The  license  so  granted  and  issued  must  be  conspicuously  displayed 
at  all  times  upon  the  front  of  the  hand  organ.  No  person  using  or 
performing  upon  a hand  organ  shall  solicit,  ask  or  request  any  money 
for  such  use  or  performance  in  any  way,  shape  or  manner,  directly 


172 


CHAPTElt  14 


or  indirectly.  No  person  shall  use  or  perform  upon  a hand  organ 
in  any  street  or  public  place,  before  the  hour  of  9 A.  M.  nor  after 
the  hour  of  6 P.  M.  of  any  day;  nor  during  any  part  of  the  first  day 
of  the  week  commonly  called  Sunday;  nor  within  a distance  of  500 
feet  of  any  school  house  or  house  of  public  workship,  during  school 
hours  or  hours  of  public  worship,  respectively;  nor  within  a like 
distance  of  any  court,  public  office,  hospital,  asylum,  or  other  public 
institution,  nor  within  a distance  of  250  feet  of  any  tenement  house, 
dwelling  house  or  other  building,  when  directed  or  requested  by  any 
occupant  thereof  to  refrain  from  or  discontinue  using  or  performing 
upon  such  hand  organ. 

All  licenses  for  hand  organs  shall  be  issued  as  of  January  1st,  and 
shall  expire  on  the  31st  day  of  December  next  succeeding  the  date 
of  issuance  thereof. 

All  hand  organ  licenses  now  in  force,  which  shall  not  sooner  ex- 
pire, shall  expire  on  the  31st  day  of  December  next  succeeding  the 
date  on  which  this  ordinance  takes  effect.  All  hand  organ  licenses 
now  in  force,  the  terms  of  which  would  otherwise  bring  their  ex- 
piration to  a period  beyond  the  31st  day  of  December  next  succeeding 
the  date  this  ordinance  takes  effect,  may  be  renewed  by  the  licensees 
for  another  term,  if  presented  on  or  before  the  said  December  31st, 
and  for  each  full  calendar  month  of  the  unexpired  term  of  the  old 
license  a pro  rata  amount  of  the  fee  paid  therefor  shall  be  applied 
toward  the  payment  of  the  new  fee.  All  hand  organ  licenses  issued 
between  the  time  this  ordinance  takes  effect  and  the  following  De- 
cember 31st,  shall  be  charged  the  full  fee  mentioned  above,  but  all 
such  licenses  may  be  renewed  by  the  licensees,  if  presented  on  or 
before  such  December  31st,  at  the  pro  rata  rates  heretofore  pre- 
scribed in  this  paragraph.  (Amend.  July  16,  1915.) 

§ 171.  Itinerant  musicians.  No  person  shall  engage  in  the  busi- 
ness of  a street  musician,  playing  for  hire  or  voluntary  contribution 
from  door  to  door,  or  otherwise,  without  having  first  obtained  a 
license  therefor.  Such  licenses  shall  be  granted  by  the  commissioner; 

Erovided  that  the  person  or  persons  applying  therefor  shall  have 
een  residents  of  the  City  for  at  least  one  year  prior  to  such  applica- 
tion, and  shall  pay  for  such  license  the  sum  of  SIO,  the  license  to  be 
renewed  from  year  to  year,  upon  the  annual  payment  of  such  fee. 
The  term  of  residence  required  by  this  section  shall  be  proved  by 
affidavit  of  the  person  applying  for  such  license  and  of  two  other 
persons  resident  of  the  city,  which  affidavits  shall  state  the  different 
places  of  residence  in  the  city  occupied  by  said  applicant  during  the 
year  preceding  his  application.  The  provisions  of  this  section  shall 
apply  only  to  itinerant  musicians  and  shall  not  be  construed  so  as 
to  affect  any  band  of  music  or  organized  musical  or  religious  societ}% 
engaged  in  any  military  or  civic  parade,  or  to  any  musical  per- 
formance conducted  under  a license  from  municipal  authority. 

All  licenses  for  itinerant  musicians  shall  be  issued  as  of  January  1st 
and  shall  expire  on  the  31st  day  of  December  next  succeeding  the 
date  of  issuance  thereof. 

All  licenses  for  itinerant  musicians  now  in  force,  which  shall  not 
sooner  expire,  shall  expire  on  the  31st  day  of  December  next  suc- 
ceeding the  date  on  which  this  ordinance  takes  effect. 


THE  SANITARY  CODE 


173 


All  licenses  for  itinerant  musicians  now  in  force,  the  terms  of 
which  would  otherwise  bring  their  expiration  to  a period  beyond 
the  31st  day  of  December  next  succeeding  the  date  this  ordinance 
takes  effect,  may  be  renewed  by  the  licensees  for  another  term,  if 
presented  on  or  before  the  said  December  31st,  and  for  each  full 
calendar  month  of  the  unexpired  term  of  the  old  license  a pro  rata 
amount  of  the  fee  paid  therefor  shall  be  applied  toward  the  pay- 
ment of  the  new  fee.  All  licenses  for  itinerant  musicians  issued 
between  the  date  this  ordinance  becomes  effective  and  the  following 
December  31st,  shall  be  charged  the  full  fee  mentioned  above,  but 
all  such  licenses  may  be  renewed  by  the  licensees,  if  presented  on  or 
before  the  said  December  31st,  at  the  pro  rata  rates  heretofore  pre- 
scribed in  this  paragraph.  (Amend.  July  16,  1915.) 

Article  15. 

(Repealed^  Ord.  effective  July  16 y 1915.) 

Chapter  16. — Municipal  Civil  Service. 

Article  1. — General  Provisions. 

Section  2.  Vacations. 

3.  Time  of  vacation.  The  heads  of  the  various  departments  and 
bureaus  may  fix  the  time  when  vacations  shall  be  given,  except 
that  per  diem  employees,  other  than  those  of  the  Department  of 
Parks  and  the  Department  of  Water  Supply,  Gas  and  Electricity, 
shall  be  given  vacations  only  during  the  months  of  June,  July, 
August  and  September.  (Amend.  July  16,  1915.) 

Chapter  20. — The  Sanitary  Code. 

Article  1 . — Definitions. 

Section  1.  Definitions. 

32.  “Day  Nursery”:  a place  where  more  than  three  children  are 
received,  kept,  and  cared  for  during  the  day  time.  (As  amended  by 
the  Board  of  Health,  June  30,  1915.) 

Article  2. — Animals. 

Section  13.  Tuberculin  test  of  cows;  certificate. — No  milch  cow 
or  cow  intended  for  any  purpose  other  than  slaughter,  shall  be  ad- 
mitted to  the  City  of  New  York  unless  accompanied  by  a certificate 
stating  that  the  said  cow  is  free  from  tuberculosis  so  far  as  may  be 
ascertained  by  physical  examination  and  the  application  of  the 
tuberculin  test.  Said  certificate  shall  contain  a physical  description 
of  the  cow  sufficiently  accurate  for  the  purpose  of  identification, 
and  must  be  signed  by  a legally  licensed  veterinarian,  who  shall 
state  the  date  and  place  of  his  registration.  The  certificate  shall 
also  bear  a number  which  must  correspond  with  a tag  that  shall  have 
been  securely  attached  to  and  be  on  the  ear  of  the  cow.  The  cer- 
tificate shall  also  contain  the  date  of  the  examination,  which  ex- 
amination shall  have  been  made  not  more  than  sixty  days  prior  to 
the  time  the  cow  indicated  therein  is  brought  into  the  city;  it  must 
also  contain  the  place  of  examination,  the  temperature  of  the  cow 


174 


CHAPTER  20 


for  ten  hours  prior  to  the  injection  of  tuberculin,  the  name,  quality, 
and  character  of  the  preparation  of  tuberculin  used,  the  location 
of  the  injection,  the  quantit}'^  injected,  and  the  temperatures  from 
the  sixth  to  the  twenty-fourth  hours  after  the  injection,  or  until 
the  reaction  is  completed.  (S.  C.,  § 124.)  (As  amended  by  the 
Board  of  Health,  May  6,  1915,  and  as  further  amended  by  said 
Board,  May  25,  1915.) 

Article  8. — Drugs  and  Medicines, 

§ 116.  Drugs,  manufacture  and  sale  regulated;  the  terms  ^Mrugs,'' 
adulterated,^^  and  misbranded defined.  No  person  shall  manu- 
facture or  produce,  or  have,  sell,  or  offer  for  sale,  in  the  City  of  New 
York,  any  drug  which  is  adulterated  or  misbranded.  The  term  drug 
as  herein  used  shall  include  all  medicines  for  external  or  internal 
use,  or  both.  Drugs  as  herein  defined  shall  be  deemed  adulterated: 

(1)  If,  when  sold  by  or  under  a name  recognized  in  the  ITnited 
States  Pharmacopoeia  or  National  Formulary,  it  differs  from  the 
standard  of  strength,  quality,  or  purity  as  stated  in  the  United  States 
Pharmacopoeia  or  National  Formulary  at  the  time  of  investigation. 

(2)  If  its  strength  or  purity  falls  below  the  professed  standard 
under  which  it  is  sold. 

A drug  shall  be  deemed  misbranded: 

(a)  If  it  is  an  imitation  or  offered  for  sale  under  the  distinctive 
name  of  another  article. 

(b)  If  the  contents  of  the  package  as  originally  put  up  shall  have 
been  removed,  in  whole  or  in  part,  and  other  contents  shall  have 
been  placed  in  such  package,  or  if  the  package  fails  to  bear  a state- 
ment, on  the  label  thereof,  of  the  quantity  or  proportion  of  any 
alcohol,  morphine,  opium,  cocaine,  heroin,  alpha  or  beta  eucaine, 
chloroform,  cannabis  indica,  chloral  hydrate,  or  acetanilid,  or  any 
derivative  or  preparation  of  any  such  substances,  contained  therein. 

(c)  If  the  package  or  label  bear  or  contain  any  statement,  design, 
or  device,  regarding  the  drug  or  its  ingredients,  or  regarding  its  or 
their  action  on  diseased  conditions,  which  statement,  design,  or  de- 
vice shall  be  false  or  misleading  in  any  particular. 

(d)  If  a box,  bottle,  or  package,  containing  virus,  therapeutic 
serum,  toxin,  antitoxin,  or  analogous  product,  fails  to  bear  on  the 
outside  thereof,  conspicuously,  clearly,  and  legibly  set  forth,  in 
English,  the  proper  name  of  the  substance  therein  contained,  the 
name  and  address  of  the  person,  persons,  firm  or  corporation  by 
whom  or  by  which  the  said  substance  has  been  prepared,  the  date 
beyond  which  the  said  substance  cannot  be  reasonably  expected  to 
produce  the  result  or  results  for  which  it  has  been  prepared,  and 
(if  such  license  shall  have  been  obtained)  the  United  States  license 
number  of  the  establishment  in  which  the  said  substance  has  been 
prepared;  and,  in  the  case  of  diphtheria  and  tetanus  antitoxin,  if 
the  box,  bottle,  or  package  containing  such  antitoxin  shall  fail  to 
bear  on  the  outside  thereof  conspicuously,  clearly,  and  legibly  set 
forth,  in  English,  the  value  of  the  contents  thereof  as  an  antitoxin, 
which  value  shall  be  measured  according  to  and  stated  in  the  terms 
of  some  generally  recognized  standard.^ 

(e)  If  any  proprietary  or  patent  medicine  to  which  the  provisions 


THE  SANITARY  CODE 


176 


of  Section  117  of  this  Code  relate  shall  fail  to  contain  every  ingredient, 
the  name  of  which  shall  have  been  filed  in  the  Department  of  Health, 
pursuant  to  said  Section  117  of  this  Code  as  a constituent  part  of 
said  medicine;  or  if  any  such  proprietary  or  patent  medicine  shall 
contain  any  ingredient  the  name  of  which  is  required  by  the  provi- 
sions of  Section  117  of  this  Code  to  be  filed  in  the  said  IDepartment 
which  name  has  not  been  filed.  (S.  C.  Sec.  69.)  (The  provisions  of 
subdivision  (e)  shall  take  effect  December  31,  1915.)  (Amended 
Oct.  26,  1915.) 

§ 117.  Regulating  the  sale  of  proprietary  and  patent  medicines. 
No  proprietary  or  patent  medicine  manufactured,  prepared,  or  in- 
tended for  internal  human  use,  shall  be  held,  offered  for  sale,  sold, 
or  given  away,  in  the  City  of  New  York,  until  the  following  require- 
ments shall,  in  each  instance,  have  been  met: 

The  names  of  the  ingredients  of  every  such  medicine  to  which  the 
therapeutic  effects  claimed  are  attributed  and  the  names  of  all  other 
ingredients  except  such  as  are  physiologically  inactive  shall  be  regis- 
tered in  the  Department  of  Health  in  such  manner  as  the  Regula- 
tions of  the  Board  of  Health  may  prescribe. 

The  expression  ^‘proprietary  or  patent  medicine,^^  for  the  purposes 
of  this  section,  shall  be  taken  to  mean  and  include  every  medicine 
or  medicinal  compound,  manufactured,  prepared,  or  intended,  for 
internal  human  use,  the  name,  composition,  or  definition  of  which 
is  not  to  be  found  in  the  United  States  Pharmacopoeia  or  National 
Formulary,  or  which  does  not  bear  the  names  of  all  of  the  ingredients 
to  which  the  therapeutic  effects  claimed  are  attributed  and  the 
names  of  all  other  ingredients  except  such  as  are  physiologically 
inactive,  conspicuously,  clearly,  and  legibly  set  forth,  in  English, 
on  the  outside  of  each  bottle,  box,  or  package  in  which  the  said 
medicine  or  medicinal  compound  is  held,  offered  for  sale,  sold,  or 
given  away. 

The  provision  of  this  section  shall  not,  however,  apply  to  any 
medicine  or  medicinal  compound,  prepared  or  compounded  upon 
the  written  prescription  of  a duly  licensed  physician,  provided  that 
such  prescription  be  written  or  issued  for  a specific  person  and  not 
for  general  use,  and  that  such  medicine  or  medicinal  compound  be 
sold  or  given  away  to  or  for  the  use  of  the  person  for  whom  it  shall 
have  been  prescribed  and  prepared  or  compounded;  and  provided, 
also,  that  the  said  prescription  shall  have  been  filed  at  the  establish- 
ment or  place  where  such  medicine  or  medicinal  compound  is  sold 
or  given  away,  in  chronological  order  according  to  the  date  of  the 
receipt  of  such  prescription  at  such  establishment  or  place. 

Every  such  prescription  shall  remain  so  filed  for  a period  of  five 
years. 

The  names  of  the  ingredients  of  proprietary  and  patent  medi- 
cines, registered  in  accordance  with  the  terms  of  this  section,  and  all 
information  relating  thereto  or  connected  therewith,  shall  be  re- 
garded as  confidential,  and  shall  not  be  open  to  inspection  by  the 
public  or  any  person  other  than  the  official  custodian  of  such  records 
in  the  Department  of  Health,  such  persons  as  may  be  authorized  by 
law  to  inspect  such  records,  and  those  duly  authorized  to  prosecute 
or  enforce  the  Federal  Statutes,  the  Laws  of  the  State  of  New  York, 


17G 


CHAPTER  20 


both  criminal  and  civil,  and  the  Ordinances  of  the  City  of  New  York, 
but  only  for  the  purpose  of  such  prosecution  or  enforcement. 

This  section  shall  take  effect  December  31,  1915.  (Amended 
Oct.  26,  1915.) 

§ 126.  Habit  forming  drugs;  sale  and  distribution  regulated. 
No  pharmacist,  druggist  or  other  person  shall  sell,  have  or  offer  for 
sale  or  give  away  any  chloral,  opium  or  any  of  its  salts,  alkaloids  or 
derivatives  or  any  compound  or  preparation  of  any  of  them  except 
upon  the  written  prescription  of  a duly  hcensed  physician,  veterin- 
arian or  dentist,  provided  that  the  provisions  of  this  article  shall 
not  apply  to  the  sale  of  domestic  and  proprietary  remedies,  nor  to 
physicians^  prescriptions,  compounded  solely  for  the  person  named 
in  the  original  prescription,  actually  sold  in  good  faith  as  medicines 
and  not  for  the  purpose  of  evading  the  provisions  of  this  article  and 
provided  further  that  such  remedies  and  preparations  do  not  con- 
tain more  than  two  grains  of  opium,  or  one-fourth  grain  of  mor- 
phine or  one-eighth  grain  of  heroin,  or  one  grain  of  codeine,  or  ten 
grains  of  chloral  or  their  salts  in  one  fluid  ounce,  or  if  a solid  prepara- 
tion, in  one  avoirdupois  ounce,  nor  to  plasters,  liniments  and  oint- 
ments for  external  use  only. 

The  provisions  of  this  Section  shall  not,  however,  apply  to  the 
sale,  offering  for  sale,  or  the  giving  away  or  dispensing  of  the  drugs 
mentioned  in  this  Section  to  any  child  under  the  age  of  16  years, 
inasmuch  as  such  act  is  made  a felony  by  the  provisions  of  Section 
249d  of  the  Public  Health  Law.  (Chapter  45  of  the  Consolidated 
Laws.)  S.  C.  Sec.  182.  (As  amended  by  the  Board  of  Health, 
June  30,  1915.) 

§ 127.  Habit  forming  drugs;  disposing  of  confiscated.  All  cocaine, 
eucain,  and  other  drugs  and  substances  embraced  within  the  scope 
of  Section  1746  of  the  Penal  Law  and  all  chloral,  opium,  morphine, 
heroin,  codein,  and  other  drugs  and  substances  embraced  within  the 
scope  of  Article  11a  of  the  Public  Health  Law,  of  which  the  Police 
Department  shall  have  taken  possession  pursuant  to  the  provisions 
of  said  Section  1746  of  the  Penal  Law  or  said  Article  11a  of  the 
Public  Health  Law  shall,  when  no  longer  required  for  the  purposes 
of  prosecution  or  held  pursuant  to  an  order  of  the  Court,  be  turned 
over  to  the  Department  of  Health,  and  shall  be  destroyed  or  other- 
wise disposed  of  by  the  said  department  as  the  Board  of  Health  shall 
direct.  (Additional  section  adopted  by  the  Board  of  Health 
Aug.  24,  1915.) 

Article  12. — Miscellaneous  Provisions. 

§ 214.  Use  of  common  towels  prohibited.  No  person,  firm,  or 
corporation  having  the  management  and  control  of  any  factory,  de- 
partment store  or  other  business  establishment,  school,  hotel,  theatre, 
concert  hall,  restaurant,  cafe,  or  beer,  wine,  or  liquor  saloon,  railroad 
station,  railroad  car,  ferry  house,  ferry  boat,  public  lavatory,  public 
wash  room,  public  comfort,  station,  or  any  other  public  place,  shall 
maintain  therein  or  thereat  any  towel  or  towels  for  use  in  common. 

The  term  ^Tor  use  in  common^’  as  employed  herein  shall  be  con- 
strued to  mean,  for  the  use  of  or  intended  to  be  used  by,  more  than 
one  person. 


9TKEET  CLEANING 


177 


The  term  ‘‘corporation’^  as  used  herein  shall  be  construed  to 
mean  and  include  a municipal  corporation.  (S.  C.  Sec.  190.)  (As 
amended  by  the  Board  of  Health  June  30,  1915.) 

§ 219.  Nurses.  No  person  other  than  one  who  shall  have  received 
from  the  regents  of  the  University  of  the  State  of  New  York  a cer- 
tificate of  his  or  her  qualifications  to  practice  as  a registered  nurse 
shall  assume  the  title,  Registered  Nurse,  or  use  the  abbreviation, 
R.  N.,  or  any  other  letters,  or  words  or  figures,  to  indicate  that  such 
person  is  a registered  nurse. 

No  person  other  than  one  who  shall  have  graduated  after  a course 
of  training  of  not  less  than  two  years’  duration,  from  a hospital 
training  school  for  nurses,  shall  practice  as  or  hold  himself  or  herself 
out  to  be  or  be  by  anyone  held  out  or  represented  to  be  a trained, 
graduate  or  certified  nurse,  or  use  any  letters,  words,  figures  or  de- 
vice to  indicate  that  such  person  is  a trained,  graduate  or  certified 
nurse.  (As  amended  by  the  Board  of  Health,  March  30,  1915.) 

§ 221.  Growth  of  poison  ivy  and  rag  weed  prohibited.  No  person 
owning,  occupying,  or  having  charge  of  any  lot  or  premises  in  the 
City  of  New  York  shall  cause,  suffer,  or  allow  poison  ivy,  rag  weed, 
or  other  poisonous  weed  to  grow  therein  or  thereon  in  such  manner 
that  any  part  of  such  ivy,  rag  weed,  or  other  poisonous  weed  shall 
extend  upon,  overhang,  or  border  upon  any  public  place,  or  allow 
the  seed,  pollen,  or  other  poisonous  particles  or  emanations  therefrom 
to  be  carried  through  the  air  into  any  public  place.  (As  adopted  by 
the  Board  of  Health  June  30,  1915.) 

Chapter  22. — Street  Cleaning. 

Article  3. — Snow  and  Ice. 

Section  21.  Property  owners.  1.  Must  clear  sidewalks.  Every 
owner,  lessee,  tenant,  occupant,  or  other  person  having  charge  of 
any  building  or  lot  of  ground  in  the  city,  abutting  upon  any  street 
or  public  place  where  the  sidewalk  is  paved,  shall,  within  4 hours 
after  the  snow  ceases  to  fall,  or  after  the  deposit  of  any  dirt  or  other 
material  upon  said  sidewalk,  remove  the  snow  and  ice,  dirt  or  other 
material  from  the  sidewalk  and  gutter,  the  time  between  9 p.  m. 
and  7 a.  m.  not  being  included  in  the  above  period  of  four  hours; 

Erovided,  however,  that  such  removal  shall  in  all  cases  be  made 
efore  the  removal  of  snow  and  ice  from  the  roadway  by  the  com- 
missioner of  street  cleaning,  or  by  the  borough  president  of  Queens 
or  Richmond,  or  subject  to  the  regulations  of  said  commissioner  of 
street  cleaning,  or  of  said  borough  president  of  Queens  or  Richmond, 
for  the  removal  of  snow  and  ice,  dirt  and  other  material;  except  that 
in  the  boroughs  of  Queens  and  Richmond  any  owner,  lessee,  tenant 
or  occupant  or  other  person  who  has  charge  of  any  ground  abutting 
upon  any  paved  street  or  public  place,  for  a linear  distance  of  500 
feet  or  more,  shall  be  considered  to  have  complied  with  this  section, 
if  such  person  shall  have  begun  to  remove  the  snow  and  ice  from  the 
sidewalk  and  gutter  before  the  expiration  of  the  said  4 hours,  and 
shall  continue  and  complete  such  removal  within  a reasonable  time. 

Whenever  any  owner,  lessee,  tenant,  occupant  or  other  person 
having  charge  of  any  building  or  lot  of  ground  abutting  upon  any 

12 


178 


CHAPTER  23 


street  or  public  place  where  the  sidewalk  is  paved  shall  fail  to  comply 
with  the  provision  of  any  ordinance  of  the  City  for  the  removal  of 
snow  and  ice,  dirt,  or  other  material  from  the  sidewalk  and  gutter 
in  the  street,  on  the  side  of  the  street  on  which  such  building  or  lot 
abuts,  the  President  of  the  Borough  in  which  such  building  or  vacant 
lot  is  located  may  cause  such  removal  to  be  made,  meeting  the  ex- 
pense thereof  from  any  suitable  street  cleaning  or  highway  fund, 
and  thereafter  the  expense  of  such  removal  as  to  each  particular  lot 
of  ground  shall  be  ascertained  and  certified  by  the  said  Borough 
President  to  the  Comptroller,  and  the  Board  of  Estimate  and  Appor- 
tionment may  authorize  such  additional  expenditures  as  may  be 
required  for  the  said  removal  of  such  ice  and  snow,  dirt  or  other  ma- 
terial, to  be  repaid  to  the  fund  from  which  the  payments  were  made, 
with  proceeds  from  the  issue  and  sale  of  revenue  bonds  which  shall 
be  sold  by  the  Comptroller,  as  provided  by  law. 

The  said  Borough  President  shall,  as  soon  as  possible,  after  the 
Tvork  is  done,  certify  to  the  Corporation  Counsel  the  amount  of  the 
expense  chargeable  against  each  piece  of  property. 

The  Corporation  Counsel  is  hereby  directed  and  authorized  to 
sue  for  and  recover  the  amount  of  this  expense,  together  with  three 
(3)  dollars  penalty  for  each  offense,  and  when  so  recovered  the 
amount  shall  be  turned  over  to  the  City  Chamberlain  to  be  deposited 
to  the  credit  of  the  general  fund  of  the  City  of  New  York  for  the 
reduction  of  taxation.  (C.  O.,  § 414,  amend.  July  16,  1915.) 

Chapter  23. — Streets. 

Article  5. — Awnings, 

Section  43.  Temporary  awnings.  Awnings  without  side  coverings 
may  be  from  time  to  time  erected  and  maintained  across  the  side- 
waUc  of  any  street  for  temporary  use  as  a protection  during  inclem- 
ent weather  only;  provided,  however,  that  such  awning  shall  be 
made  of  canvas  or  cloth  and  shall  be  supported  by  upright  posts 
of  iron  not  exceeding  2 inches  in  diameter  and  not  less  than  8 nor 
more  than  10  feet  in  height  above  the  sidewalk  and  shall  not  be 
wider  than  the  entrance  of  the  building  in  connection  with  which  it 
is  to  be  used.  Awnings  with  side  coverings  may  be  erected  for  a 
limited  time  upon  issuance  of  a special  permit  from  the  borough 
president  having  jurisdiction.  (Amend.  May  11,  1915.) 

Article  13. — Obstructions  and  Incumbrances. 

Section  149.  Stands  within  stoop  lines  and  under  elevated  rail- 
road stairs. 

Subdivision  4.  License  fees.  The  annual  license  fee  for  a stand 
under  the  stairs  of  an  elevated  railway  station  shall  be  $10.  All 
stands  within  the  stoop  line  shall  be  classified,  and  the  annual  license 
fee  therefor  shall  be  fixed  and  collected  as  specified  in  the  schedule 
following: 

a.  Stands  for  the  sale  of  newspapers,  periodicals  or  both,  $5; 

b.  Stands  for  the  sale  of  fruits  or  soda  water,  or  both,  $10; 

c.  Stands  for  the  sale  of  newspapers,  periodicals  or  both,  and  also 
fruits  or  soda  water,  or  both,  $15; 


MISCELLANEOUS 


179 


d.  Boot  black  stands,  each  chair,  $5. 

No  license  fee  shall  be  required  for  stands  within  stoop  lines  for 
the  sale  of  newspapers,  periodicals  or  both,  in  cases  where  such 
stands  are  conducted  by  dealers  who  are  the  owners  or  occupants 
of  the  premises  or  stores  in  front  of  which  the  same  are  situated. 

Licenses  for  stands  within  stoop  lines  or  under  the  stairs  of  any 
elevated  railway  station  shall  be  issued  as  of  December  1,  and  shall 
expire  on  the  30th  day  of  November  next  succeeding  the  date  of 
issuance  thereof. 

All  stand  licenses  now  in  force,  which  shall  not  sooner  expire,  shall 
expire  on  the  30th  day  of  November  next  succeeding  the  date  on 
which  this  ordinance  takes  effect.  All  licenses  now  in  force,  the 
terms  of  which  would  otherwise  bring  their  expiration  to  a period 
beyond  the  30th  day  of  November  next  succeeding  the  date  this 
ordinance  takes  effect,  may  be  renewed  by  the  licensees  for  another 
term  if  presented  on  or  before  the  said  November  30th,  and  for  each 
full  calendar  month  of  the  unexpired  term  of  the  old  license  a pro 
rata  amount  of  the  fee  paid  therefor  shall  be  applied  toward  the 
payment  of  the  new  fee.  All  stands  licensed  between  the  time  this 
ordinance  becomes  effective  and  the  following  November  30th  shall 
be  charged  the  full  fee  mentioned  above,  but  may  be  renewed  if 
presented  on  or  before  such  November  30th  at  the  pro  rata  rates 
heretofore  prescribed  in  this  paragraph.  (Amend.  June  29,  1915.) 

Chapter  24. — Traffic  Regulations. 

Article  2, — Rules  of  the  Road, 

Section  13.  Peddlers. 

Subdv.  2,  add. 

One  Hundred  and  Twenty-fifth  Street,  between  the  westerly  side 
of  Third  Avenue  and  the  easterly  side  of  Morningside  Avenue. 
(Amend.  May  11,  1915.) 

Chapter  27. — Miscellaneous. 

Section  1.  Advertisements;  false  and  misleading. 

2.  Animals. 

3.  Baths,  floating. 

3a.  Beaches,  and  other  parts  of  water-front  to  be  protected 
against  bottles,  crockery,  glass  and  glassware. 

4.  Bathing  in  public;  floating  baths. 

5.  City  magistrates^  courts. 

6.  Jurors’  fees. 

7.  lietter-boxes. 

8.  Queens  County;  County  Clerk’s  fees. 

9.  Sessions  laws:  compensation  for  same  in  Queens  and 

Richmond. 

9a.  Inspection  of  meat. 

10.  Violations. 

Section  3a.  Beaches  and  other  parts  of  the  water-front  to  be  pro- 
tected against  bottles,  crockery,  glass  and  glassware.  No  person 
shall  throw,  cast,  lay  or  deposit  a glass  bottle  or  piece  of  crockery, 


180 


CHAl'T^JH  27 


nor  any  glass  or  glassware,  or  any  part  thereof,  on  any  beach  or 
other  part  of  the  water-front,  or  in  any  park  of  the  city.  A copy  of 
this  section,  with  a proper  reference  to  the  punishment  provided 
for  its  violation  by  section  10  of  this  chapter,  shall  be  conspicuously 
posted  by  the  police  commissioner  on  all  beaches,  and  in  all  bathing 
houses  thereon,  and  in  all  parks,  and  on  all  excursion  boats  playing 
the  waters  of  the  port  of  New  York,  during  the  months  of  May  to 
October,  inclusive,  in  each  year.  (New.  Ord.  May  25,  1915.) 

§ 9a.  1.  Inspection  of  meat.  No  carcasses  or  parts  of  the  car- 
casses of  cattle,  calves,  sheep,  lambs  or  swine,  shall  be  offered  for 
sale,  sold,  or  given  away  in  any  pubhc  market  in  the  City  of  New 
York  until  they  shall,  respectively,  have  been  inspected  and  passed 
as  fit  for  human  food  by  a duly  authorized  inspection  of  the  United 
States  government  or  a duly  authorized  inspector  of  the  Health 
Department  of  The  City  of  New  York,  or,  in  the  case  of  parts  of  a 
carcass,  unless  such  part  shall  have  been  cut  from  a carcass  or  part 
of  a carcass  which  had  previously  been  inspected  and  passed  as 
hereinbefore  provided. 

2.  Marking  of ; certificate.  Such  inspector  of  the  Department  of 
Health,  upon  finding  such  carcass  or  part  of  a carcass,  as  the  case 
may  be,  fit  for  human  food,  shall  proceed  to  mark  such  carcass  or 
part  of  a carcass  by  branding  or  stamping  thereon  a number  and 
the  wwds  “Department  of  Health’^  and  “Inspected  and  Passed,” 
together  with  the  date  of  inspection  and  the  name  of  the  inspector, 
all  set  forth  in  conspicuous  type  in  the  following  form : 

No 

Department  of  Health. 

Inspected  and  Passed 

(Date) 

(Name  of  Inspector) 

and  such  inspector  shall  also,  upon  branding  or  stamping  such  car- 
cass or  part  of  a carcass,  deliver  to  the  owner  thereof  or  said  owner’s 
representative  a certificate,  which  shall  be  substantially  in  the 
following  form : 

No 

Department  of  Health. 

(Brief  description  of  carcass  or  part  of  carcass) 

(Place  of  Inspection) 

(Name  of  Dealer) 

Inspected  and  Passed 

(Date) 

(Name  of  Inspector) 

Such  brand  or  stamp  marks,  as  well  as  such  certificates,  shall  be 
consecutively  numbered,  and  the  number  of  the  brand  or  stamp 
mark  shall,  in  every  instance,  correspond  with  the  number  of  the 
certificate. 

3.  Certificate;  number  of;  filing  of.  Every  such  certificate  shall 
be  made  in  triplicate  form,  and  the  inspector  shall  deliver  the  orig- 
inal to  the  owner  of  the  carcass  or  part  of  a carcass  to  which  such 
certificate  relates,  or  said  owner’s  representative,  and  file  a copy 
thereof,  respectively,  in  the  Department  of  Health  and  in  the  office 
of  the  Comptroller. 


PAUKS,  PARKWAYS,  AND  PARK  STREETS 


181 


4.  Certificate,  fee  for.  For  each  carcass  or  part  of  a carcass  thus 
marked  and  for  which  a certificate  shall  have  been  issued  as  herein- 
before provided,  the  owner  thereof  shall  pay  to  the  city  of  New  York 
the  sum  of  5 cents,  and  all  moneys  shall  be  collected  monthly  by 
the  comptroller. 

5.  Carcass  or  part  of,  when  deemed  fit  as  human  food.  For  the 
purpose  of  this  ordinance,  no  such  carcass  or  part  of  a carcass  shall 
be  deemed  to  have  been  inspected  and  passed  as  fit  for  human  food 
by  an  inspector  of  the  Department  of  Health  unless  such  carcass  or 
part  of  a carcass  shall  have  been  branded  or  stamped  and  a certificate 
shall  have  been  issued,  as  hereinbefore  provided. 

6.  Exceptions.  The  provisions  of  this  ordinance  shall  not,  how- 
ever, apply  to  carcasses  or  parts  of  the  carcasses  of  cattle,  calves, 
lambs,  or  swine  killed  in  any  slaughter  house  in  the  city  of  New  ' 
York  conducted  under  a permit  issued  by  the  Board  of  Health. 
(New.  Ord.  May  18,  1915.) 

7.  Violations.  Any  person  who  shall  violate  or  neglect  to  comply 
with  any  provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a fine  of  not  more  than  $100,  or  by  imprisonment 
not  exceeding  30  days,  or  by  both  such  fine  and  imprisonment. 
(New.  Ord.  app.  May  18,  1915.) 

Chapter  17. — Parks,  Parkways  and  Park  Streets. 

Article  2. — Traffic  Regulations. 

Section  39.  Ocean  boulevard,  Bay  parkway.  Eastern  parkway 
and  the  Brooklyn-Queens  speedway. 

la.  It  shall  be  unlawful  to  drive  any  vehicle  over  the  easterly 
side  road  or  bridle  road  of  the  Ocean  Parkw^ay,  between  Prospect 
Park  and  the  Coney  Island  Concourse,  except  as  it  may  be  necessary 
to  cart  or  convey  supplies  to  the  residences  along  said  easterly  side 
road,  or  in  case  of  buildings  being  erected  fronting  on  said  side  road, 
when  it  shall  be  lawful  to  cart  building  materials  thereon.  In  all 
cases,  however,  vehicles  must  enter  said  road  from  the  street  nearest 
to  said  residence  or  house  in  course  of  construction,  and  must  leave 
the  same  at  the  next  following  intersecting  street.  (New.  Adopted 
by  Park  Board,  Oct.  21st,  1915.) 

Filed  in  City  Clerk^s  Office,  October  25,  1915. 


INDEX  TO  ADDENDA  TO  COSBY’S  CODE 
OF  ORDINANCES,  NOVEMBER  1,  1915. 


SECTION  CH.  PAGE 

Awnings 43  23  178 

Beaches,  protected  from  broken  glass 3a  27  179 

Building  Code: 

buildings,  classification  of,  article  4 5 14 

construction  generally,  repeal 443-5  5 44 

excavations  and  foundations,  article  12 . . 5 17 

fireproof  construction,  article  17 5 37 

fire  walls  and  shafts,  repealed 370  5 44 

foundations,  excavations  and,  article  12  . 5 17 

iron  and  steel  construction,  article  15  . . . 5 31 

masonry  construction,  article  13 5 22 

materials,  article  2 5 6 

reinforced  concrete  construction,  article  16  5 34 

steel,  iron  and,  construction,  article  15. . . 5 31 

wood  construction,  article  14 5 28 

working  stresses  and  loads,  article  3 5 9 

City  employees^  vacations 2 16  173 

City  marshals 230  2 3 

City  seal 2 1 1 

City  surveyors,  article  10 2 4 

Electrical  control: 

certificates  of  inspection 11  9 47 

definitions 1 9 44 

details  of  construction,  article  5 9 83 

electric  gas  lighting 687  9 128 

fittings,  article  5 9 83 

general  provisions,  article  1 9 44 

generators,  article  2 9 48 

inside  work,  article  4.  . 9 57 

insulation  resistance 688  9 128 

jurisdiction 2 9 45 

licenses 8 9 46 

materials,  article  5 9 83 

motors,  article  2 9 48 

outside  work,  article  3 9 55 

signalling  systems 685  9 125 

switchboards,  article  2 9 48 

183 


184 


INDEX 


Electrical  control — Continued:  section  ch.  page 

violations 700  9 129 

wireless  telegraph  apparatus 686  9 128 

Explosives: 

alcohols,  article  21 10  160 

ammunition,  article  5 10  142 

blasting,  article  4 10  136 

bonds,  article  3 10  132 

calcium  carbide,  article  16 10  153 

certificates,  article  2 10  131 

chemical  supply-houses,  article  24 10  160 

definitions 1 10  129 

drug-stores,  retail,  article  25 10  163 

drug-stores,  wholesale,  article  24 10  160 

dry-cleaning,  article  13 10  151 

dyeing  establishments,  article  13 10  151 

explosives  regulations,  article  4 10  136 

fees,  article  3 10  132 

garages,  article  11 10  148 

gases  under  pressure,  article  17 10  154 

general  provisions,  article  1 10  129 

inflammable  mixtures,  article  9 10  146 

kerosene  oil,  article  8 10  143 

liquors,  distilled,  article  21 10  160 

matches,  article  7 10  143 

motion  picture  films,  article  20 10  159 

motor  vehicle  repair  shops,  article  12 ... . 10  151 

nitro-cellulose,  article  19 10  158 

oils  (mineral),  article  8 10  143 

paints,  article  15 10  153 

permits,  article  2 10  129 

petroleum,  article  8 10  143 

powder,  article  4 10  136 

refrigerating  plants,  article  18 10  157 

sponging,  article  14,  repealed 10  153 

technical  establishments,  article  23 

violations 300  10  165 

Firearms 1 11  166 

Fire  prevention,  street  fires 6 12  166 

storage  combustible  fibres 24  12  167 

storage  packing  boxes 25  12  167 

Flags: 

flags  and  decorations  in  city  hall 5 1 3 

mayor^s  flag 4 1 3 

official  city  flag 3 1 3 

Licenses: 

dealers  in  secondhand  articles,  fees 41  14  168 

dirt-carts,  fees 51  14  169 

expressmen,  fees 61  14  169 

exterior  hoists,  fees 70  14  170 


INDEX 


185 


Licenses — Continued:  section  ch.  page 

junk  dealers,  fees 121  14  170 

public  porters,  fees 151  14  171 

street  musicians,  article  14 14  171 

Meat  inspection 9a  27  180 

Motion  pictures,  private  exhibitions 42  3 5 

Ordinances,  adopted  to  be  printed 6 1 3 

Organ-grinders 170  14  171 

Parks,  traffic  regulations.  Ocean  Boulevard  . . 39  17  181 

Revolvers 1 11  166 

Sanitary  Code: 

animals,  tuberculin  test  of  cows 13  20  173 

day  nursery,  defined 1 20  173 

drugs: 

adulterated  defined 116  20  174 

patent  medicine  sales 117  20  175 

habit  forming  sale  regulated 126  20  176 

confiscated 127  20  176 

nurses,  when  considered  to  be  trained  . . . 219  20  177 

poison  ivy  forbidden 221  20  177 

towels,  common,  forbidden 214  20  177 

Seal  of  city 2 1 1 

Snow  and  ice 21  22  177 

Stands  under  L stairs 149  23  178 

Streets: 

awnings. 43  23  178 

obstructions  and  encumbrances: 

stands  under  L stairs 149  23  178 

Traffic  regulations: 

rules  of  road,  peddlers 13  24  179 


1 

I 


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